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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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