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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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