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Dickson: Lawmakers’ help needed to fix Marion County Small Claims courts

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Indiana Chief Justice Brent Dickson told a joint session of the General Assembly Wednesday that lawmakers’ help was needed to fix Marion County Township Small Claims Courts, which have been plagued by allegations of forum shopping and other criticism.

“Systemic change is imperative, and this requires legislative action,” Dickson said in his State of the Judiciary speech. He noted local leadership and rules changes instituted after a task force examined problems in the courts “can only scratch the surface.”

Reforming the township courts in Indianapolis was one of three judicial items Dickson said would require legislation. Others include bringing the abstract of judgment into the digital age. The court has been working with clerks and other stakeholders, he said, “in an effort to modernize this relic of the quill pen era. We need your help.”

Lawmakers in the future also should “consider shifting more and more funding of the judicial branch expenses from local government to state funding. For many reasons, this is wise and sound public policy, and it is used effectively in many other states.”

Dickson’s second State of the Judiciary address comes in a short session when lawmakers won’t be hashing out a budget or doing much heavy lifting on financial matters, and he didn’t lobby hard for funding.

“Indiana’s judges are very, very busy; we are extremely challenged but quite gratified every day. We could do even better with more resources,” he said at the outset.

He said the judiciary is “an amazing value to Hoosiers,” spending only 9 cents of every $10 collected by state and local units of governments, and returning more than half of those expenditures in collected revenue.

Mandatory reporting of pro bono hours for Indiana attorneys is moving forward. “We are working to have such a program in place in the coming months,” he said, noting an overview of civil cases statewide recently showed 63 percent of litigants were without counsel.

“When people are in court without a lawyer, bad things happen,” he said.

Meanwhile, Dickson said courts would assist with implementation of the Legislature’s “masterful achievement” of revising Indiana’s Criminal Code. “A product of multiple years of thoughtful efforts and difficult negotiations, the result was an outstanding piece of legislation,” he said.

The full text of Dickson’s address may be viewed on the court’s website.
 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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