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Eyeing new magistrate openings

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Within a year, the federal court system that covers the southern half of Indiana could have two new full-time magistrates, one being a newly created position that would be the first creation of its kind in almost three decades.

At a meeting June 11, the 13-member Committee on the Administration of the Magistrate Judges System unanimously agreed that the Southern District of Indiana should be one of six nationally to receive a new full-time magistrate position. Chief Judge Richard Young in Indianapolis sits on the committee that makes recommendations to the Judicial Conference of the United States, which will consider those recommendations and make a final decision when it meets in September.

This is the first request of its kind for the Southern District since the early 1980s, according to Chief Judge Young. It would be a significant change for the court jurisdiction that is one of the nation’s busiest.
 

richard young Young

“I feel that it’s justified because we have for a long time been one of the busiest District courts in the nation,” he said about the new position, noting that the Judicial Conference has previously approved an additional Article III judgeship here but Congress hasn’t yet authorized that. “With the budget and economy like it is, I don’t see Congress passing a judgeship bill in the near future. So, in order to acquire judicial help in our District, we decided to request an additional magistrate judge.”

Congress had previously authorized the Judicial Conference to create six new positions, according to the Administrative Office of U.S. Courts. Aside from this requested position, Chief Judge Young said the committee’s other recommendations also include the Central District of California, the District of Nevada, and the District of Minnesota. The committee chair, Chief Judge George King in the Central District of California in Los Angeles, could not be reached to confirm all six of the positions by IL deadline for this story.

But Chief Judge Young said that if the position is approved later this year, the new magistrate would be based in Indianapolis where space is available. That was one item the committee considered because the District wouldn’t have to find or rent space for a new magistrate and add to the budget. Any new magistrate would join the current full-time Magistrate Judges Tim Baker, Debra McVicker Lynch, and William Hussman; as well as part-time Magistrates Craig McKee and Mike Naville who handle search warrant and criminal matters; and recalled Magistrate Kennard Foster.

That person would add to the change already taking place at the Southern District following the recent confirmation of Judge Jane Magnus-Stinson for an Article III judgeship. The Senate confirmed her nomination June 7 and she was sworn in June 14, creating a magistrate position opening for the first time since January 2007 when she took that post.

Finding someone to fill the potential new magistrate spot would happen the same way as is now occurring with the position vacated by Judge Magnus-Stinson: a merit-selection panel made up of 15 to 17 attorney and non-attorney members has been formed to review applications, handle interviews, and select candidates to recommend for the position, Chief Judge Young said. The process is confidential to protect applicants’ privacy, and the five most qualified candidates will be forwarded to the District judges for consideration and final approval.

Applicants – who should generally have practiced for at least five years and be 70 years old or younger – have until July 14 to apply. The position pays an annual salary of $160,080 and runs for an eight-year term before that person is eligible for reappointment.

A magistrate judge gets initial assignments and handles pre-trial work and mediation and settlement conferences. Magistrates also have limited jurisdiction in criminal cases to hear only misdemeanors. Parties can consent to allow magistrates to hear full cases and take them to trial. •
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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