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Editorial: Concerns about budget cuts warranted

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Indiana Lawyer Editorial

It’s no secret that the state of Indiana is trying to be smarter with its money during this roller-coaster ride sometimes called the great recession. It’s behaving just like every other state in the union and every citizen of the republic.

Lawyers are no exception; the practice of law ultimately is a business. So you’ll doubtless be familiar with the phrase “trimming the budget to the bone.”

Well, we believe the state of Indiana has hit bone with a budget cut instituted earlier this month. You can read about the change regarding victim notification in a story that starts on Page 3 of this issue of the newspaper.

Spending only $375,000 annually on something that the state had spent $1 million a year on sounds like a smart fiscal decision on paper.

In reality, victims and their lawyers are worried. While it is too early to determine the effectiveness of the Department of Correction's move to bring victim notifications in house rather than utilizing the previous system, it doesn’t appear to be off to a smooth start.

Previously, the state had contracted with a company called Appriss, which operated the Indiana Sex and Violent Offender Registry and Alert Notification Services. The company handled 10,000 monthly automated phone calls to victims who had asked to be notified of changes in their perpetrator’s status, and processed 2,500 new registrants per month. The former service also could make automated phone calls and send e-mails in multiple languages.

Now this service is being performed by the DOC through Microsoft’s Information Strategies. Phone calls are being made by three DOC employees during regular business hours, with support on nights and weekends by other DOC staffers. The DOC stresses that the service has the potential to be more personal as victims will be able to talk with a real person and ask questions, which would be a big improvement over an automated call or an e-mail. The DOC can make the phone calls in Spanish and has access to a translation service for other languages.

But the experiences of lawyers for victims who have registered with the system seeking notification about offenders tell another story.

One advocate called the DOC after receiving notice of the system change, only to get a message that the line was busy and to try calling later. The advocate did that and talked to a DOC employee who was “nice and polite” but lacked information to answer the advocate’s questions.

This lawyer also told our reporter that she has registered against seven offenders in Marion County. She had not received an immediate notification of their release, even though she was able to confirm on her own they had been released. Another lawyer who had also registered against an offender got an e-mail notification of the offender’s release, but didn’t get the requested phone call until three hours later.

This may sound like merely a bumpy start over something that has the potential to save the state $625,000, and that is a great deal of money, particularly when viewed through the lens of our current economic condition.

But this is truly a life and death situation, and the state is putting a price tag on the lives of victims with this move. In domestic violence and domestic battery cases, the potential for more bloodshed that could escalate into a lethal situation is at its highest when the perpetrator is released from jail.

The state must prove right now, not a month or six months from now, that this move will not only result in cost savings, but in a victim notification system that some of its most vulnerable citizens can depend upon.•
 

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  1. 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

  2. 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

  3. 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

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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