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Father entitled to counsel at contempt hearing

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A Marion County man has made a prima facie showing that the trial court erred by denying his request for counsel at a hearing on contempt. Brian Moore’s ex-wife wanted him found in contempt for not paying the full amount of child support.

Moore is supposed to pay his ex-wife $139 per week in support for their two children. She filed a motion for rule to show cause why Moore should not be found in contempt for failing to pay less than $50 since the June 2013 order. She asked the court to order him to serve 30 days in jail and that the sentence be suspended pending his compliance.

At the hearing on the motion, Moore appeared pro se and asked that an attorney be appointed to represent him because he faced jail time. But Marion Superior Judge Robert Altice Jr. denied the request because any jail sentence would be suspended. The court found Moore in contempt, sentenced him to 30 days and suspended it until a compliance hearing was held.

“Here, there is a clear possibility that Brian is indigent. Furthermore, even though the trial court suspended the sentence and indicated it would reconsider the issue of appointing counsel prior to the compliance hearing, Brian clearly risked the possibility of losing his physical liberty as a result of the trial court’s contempt finding. Thus, if indigent, Brian was entitled to have counsel represent him at that hearing, not just at the subsequent compliance hearing,” Judge Michael Barnes wrote in  Brian S. Moore v. Kristy L. Moore, 49A04-1310-DR-499.  

The case is remanded for the court to determine if Moore is indigent and, if so, to appoint counsel to represent him at a new contempt hearing.

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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