ILNews

Federal case challenges policies of Marion County Traffic Court

Back to TopCommentsE-mailPrintBookmark and Share


A new lawsuit against Marion County's Traffic Court has implications for how all state-level judges handle fines for citations and violations, and raises questions about whether a part of the judicial system in Indiana's largest county operates fairly and openly.

In the lawsuit filed in December, one man claims he wanted to protest a $25 citation for not wearing his seat belt properly, since he has a pacemaker and his doctor instructed him to wear the shoulder harness under his arm to avoid damaging the medical device. But talk of a court policy that could mean an additional $500 for litigating his case led the man to not challenge the ticket but pay it instead.

Another man traveled 8 miles over the speed limit and fought it in court, despite being warned he could be fined an extra $400 on top of the ticket cost. He lost and ended up being fined $549.50, more than three times what it would have cost him to simply accept the citation and pay the $149.50 fine.

A third man went to court to observe the proceedings, but was told by a bailiff that he couldn't enter as he was not a defendant or involved in any case. The claims are that before court begins, the bailiff announces the closed courtroom policy and threatens to have anyone not involved in a case, yet remains in the courtroom anyway, arrested for trespassing and immediately taken to jail. Once the judge enters and begins court, the bailiff locks the doors so that no one else can enter during the session that can last up to four hours.

Those examples are alleged to have happened in the traffic court known officially as Marion Superior's Criminal Division 13, and each is referred to in the ongoing federal lawsuit against that court, the presiding Judge William E. Young, and the City of Indianapolis. The three plaintiffs are suing to stop others from losing what they claim they have: their constitutional right for a day in court to argue their case on the merits.

The case is Toshiano Ishii, Matthew Stone, and Adam Lenkowsky v. Marion County Superior Court No. 13, The Hon. William E. Young, and the City of Indianapolis, No. 1:09-CV-1509. Indianapolis attorney Paul Ogden filed the case in early December in Marion Superior Court, but it's been transferred to the U.S. District Court for the Southern District of Indiana, Indianapolis Division. The class action complaint seeks to end the policies put in place by Judge Young, who took over the traffic court in January 2009. The suit also targets the newly opened parking citation court in Indianapolis, in which defendants who don't pay their tickets prior to a scheduled hearing could be assessed up to $2,500 in fines.

Those fining and access policies undermine the public confidence in the integrity and impartiality of the judiciary, and are highly prejudicial to the administration of justice, according to the lawsuit.

"They're basically punishing people for asking for their day in court," Ogden said. "Some will say that the judge has the authority under statute to increase fines, but you always come back to the fact that the fines are being tacked on because people are wanting to fight a ticket in court, not because of what the judge finds out during the case. The principal is that people should be able to ask for a trial, and be allowed to have that trial without the fear of being burdened because of that. They deserve that right."

Chief litigation counsel for Indianapolis Jonathan Mayes said it's too early in the process to address most of the issues in the suit, but he said many of the comments and allegations by the plaintiffs are taken out of context.

For example, on the issue of public access, Mayes said that the state fire marshal limits how many people should be inside the courtroom at one time and that regularly impacts the caseload and access.

"You have such a large amount of cases during the day and you hear them at a rapid pace, outside of what you may see in another state or federal court," he said. "They often set hundreds of cases, and when you have that many defendants and an equal amount of traffic enforcement officers, you know that the limit could easily be exceeded for that purpose of what the fire marshal orders. You have to do something."

It's not fair to accuse the court of simply denying people access, as if there were open seats available in the courtroom, he said.

"There are so many permeations that reach the conclusion that what the judge does is reasonable and constitutional," Mayes said. "To jump to the conclusion that the judge is violating the law is a rush to judgment without looking at the entire picture."

Ogden said that under state law, court costs are limited to $70. He also noted that a specific statute imposes a fee ceiling of $500 for total costs, but that the Marion County Traffic Court has gone above that to impose additional fines on top of the traffic ticket costs.

He plans to ask the federal court to certify a question for the Indiana Supreme Court to review - specifically how state courts are allowed to assess fines and run their courtrooms under the state law and constitution.

"In this case, I'm not sure the federal court can tell state court judges how to run their courts," Ogden said, pointing out that three of the 11 counts deal with federal issues and the rest involve state law questions. "The Indiana Supreme Court really has jurisdiction in deciding how state courts are run and they should decide those issues."

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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

ADVERTISEMENT