ILNews

Finding the right forum

Back to TopCommentsE-mailPrintBookmark and Share

As a small claims judge in one of Marion County’s nine townships, Judge Douglas Stephens isn’t worried about the familiar faces who file claims in his court.

Though he knows that some attorneys probably choose his court, as they might choose other courts and judges because of location and convenience, the local judge in Pike Township is more concerned about making sure the litigants – especially those not represented by an attorney – know and understand their rights.

“We’ve been painted as a cold heartless collection court,” Stephens, who’s been on the bench for more than eight years, said about the county’s
 

stephens-douglas-web-15col.jpg Judge Douglas Stephens (IL Photo/ Perry Reichanadter)

small claims court. “But we are first trying to make this a pleasant and fair experience for those people who have to come here, and we’re not focused on why certain lawyers are filing in a particular court.”

The national spotlight shined on Indiana’s largest county court system in July after a front page Wall Street Journal article highlighted perceptions about “forum shopping” in the Marion County small claims courts. The article focused on debt collection cases and how the location of proceedings is often determined based on a lawyer’s perceptions of local courts and the collections practices imposed by each judge.

The issue has received increasing attention in recent years. In early 2011, a federal judge in New York found that Illinois-based Allstate was “judge shopping” by filing in Manhattan its $700 million mortgage debt lawsuit against Bank of America Corp’s Countrywide. The judge moved the case to Los Angeles to ensure consistency and efficiency.

The WSJ reported that some Indiana judges handle their courtroom practices differently by accommodating “frequent-filer” collection attorneys. For example, some have different practices for supervising meetings between creditor attorneys and debtor litigants or which cases actually go before the judge. The judges cited in the WSJ article tell Indiana Lawyer their comments were taken out of context. While they acknowledge forum shopping does happen, they say it is not the concern that the national newspaper makes it out to be.

In Marion County’s township courts, court figures from the state show most of the debt collection cases involve less than $6,000 and those can be filed in any of the nine townships – except in landlord-tenant disputes, which must be filed in the township where the property is located. But in every case, no matter the jurisdiction, the defendant has the ability to ask that the suit be venued to the township where he or she lives.
 

gonon-richard-mug.jpg Gonon

Attorneys practicing in small claims court have mixed feelings about the notion of forum shopping. Indianapolis medical debt collection attorney Richard Gonon said the practice is used and that it can cut both ways, depending on where either party is located.

“Forum shopping isn’t illegal. It’s a valuable mechanism to use as a method to best advocate for your client,” he said. “It might have a poor connotation, but the way it’s implemented is perfectly legal and there’s no need to change it.”

Gonon said some courts may appear eager to accommodate plaintiffs who file 50 to 100 lawsuits a week – simply for the efficiency and convenience of it, not the end result of ruling for or against them.

Indianapolis attorney Paul Ogden, who occasionally practices in the small claims court, sees the practice as more of a problem than his colleague does. He takes issue with what he describes as informal settings in some courts that seem to better accommodate frequent users, allowing them access behind court counters, use of copy machines or even preferences on setting court dates.

“The problem is that small claims courts are profit centers for a township and end up competing against each other for business,” he said. “While the shopping around doesn’t affect the judges’ perspective on cases, there is a sense that you want to keep the attorneys happy. Every court acts a little differently and has different ways of handling attorneys who are always in there, but the underlying incentive seems to be to keep those frequent filers happy. That gives the appearance of impropriety and it leaves a bad taste in your mouth.”

But the judges say it’s not a matter of judge shopping, but rather the attorneys picking places that might help the process move more smoothly for them and the other parties involved in cases.


rosenberg-louis-mug.jpgRosenberg

Marion Circuit Judge Lou Rosenberg said he sees concerns surrounding local forum shopping to be more about how court services are used than any ideological disposition of a particular judge. That is something the small claims court judges agree on.

“It’s not forum shopping in the traditional sense, it’s basically which court of the nine is closest to me as an attorney and which gets me out the quickest and most efficiently and conveniently,” Stephens said. “If there’s any shopping going on, it’s probably staff shopping more than judge shopping.”

Stephens and the other judges echo that they aren’t deciding cases to please frequent filers. While internal court practices may currently differ to some degree, judges say the end result is based on the facts.

“Every judge may be familiar with the same faces that appear in his or her court, but it wouldn’t dawn on me that they might be choosing this or some other court for whatever reason,” said Judge Michelle Smith-Scott in Center Township, which has the most landlord-tenant disputes and is the only small claims court located in the Marion County City-County Building. “I just don’t monitor that. I’m more interested in safe-guarding the system to make sure our courts are fair and accessible to all.”

Since the WSJ story ran, Smith-Scott said she has made a practice of speaking with larger filers, such as creditors, and instructing them to meet with people before court officially convenes in order to discuss settlements or possible garnishments, and if there are any disagreements those go before the judge.

“That’s always been an option, but now this is more of a formalized process we’ll be doing,” she said. “I don’t want any private discussions where litigants might feel pressured.”

Judge Garland Graves in Warren Township said that since the article ran, he’s been observing the nine small claims court judges working more closely and communicating more than before. Rosenberg has also been advising and helping the small claims courts create a more unified and consistent approach to how they handle cases and work with litigants.

The courts are working on a “rights and responsibilities” pamphlet to display and hand out in court to litigants to help ensure the public knows the rules and what is and isn’t allowed. That should be finalized by year’s end, Rosenberg and Stephens said.

“We didn’t realize that some of these perceptions exist about judge shopping in a way that treats people unfairly, and now we’re doing our best to make sure those things aren’t happening and the perceptions are addressed,” Stephens said.•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT