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General Assembly reaches midpoint

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At the midway point in this Indiana General Assembly session, dozens of bills died this week when one house didn't vote on them while others moved on for further consideration.

An Indiana Lawyer review of the legislation listed on the state legislature's Web site shows that 135 of 420 Senate bills and 104 of 391 House bills survived, though many bills mirrored similar measures or have even been merged into other legislation that's moved on. The totals include numerous vehicle bills that could have been used for particular issues if needed as the legislative session progressed.

Some pieces of legislation that died involved court reporting licensing, an oversight commission for the state's judicial computer systems, and a resolution involving judicial mandates. One bill that would have dubbed any non-attorneys' illegal practice of law as racketeering activity survived a House committee but didn't get a final vote, to the surprise of the those in the legal community watching the legislation.

But various bills moved on, including legislation that would: expand the statutory framework for problem-solving courts, repeal a 2009 special session change giving the Indiana Department of Child Services more authority on out-of-state placements, revise the state's grandparent visitation laws, allow Marion County to convert all of its commissioners into magistrates at no expense to the state, expand the authority of the Attorney General's Office and Solicitor General in various ways, and allow magistrates statewide to serve as part-time senior judges. A bill that would revise Indiana's rights of publicity statue and create an interim commission to study that issue more in-depth also continues to move.

Even in the tough budget times, when some courts held off requesting new judicial officers and resources, lawmakers approved the only request for a new court that came before it so far this session: HB 1269. It would both unify the Clark Circuit and Superior courts and also create a new Bartholomew Superior Court in July 2011 and pay for it using a fee of at least $20 on each traffic infraction. Lawmakers had expressed concern previously because it could change how the state handles the state court funding, but the bill passed the House unanimously by a 98-0 vote.

One close vote on a legal-related bill was with HB 1255, which involves proof of collateral-source payments and would prohibit a court from admitting into evidence any write-off, discount, or other deduction associated with a collateral-source payment in a personal injury or wrongful death action. This topic was the subject of an Indiana Supreme Court decision last year in Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), which held that the state's collateral source statute doesn't bar evidence of discounted amounts to determine the reasonable value of medical services provided to plaintiffs in those actions. The bill made it out of committee, and representatives voted 57-40 to send it to the Senate.

Now, the opposite house of the General Assembly must consider all legislation, and some issues that have died already could be weaved into bills that are still alive. Committee meetings begin again next week, and each side has until March 3 to take a final vote on legislation and then, if necessary, work out final details in conference committees before the session ends March 14.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. 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

  4. 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

  5. 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

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