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General Assembly ready for new session's business

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With a new legislative session on the horizon, the Indiana General Assembly is going to be one to watch as it likely tackles a multitude of issues influencing the state’s legal community.

Lawmakers returned Nov. 16 for the mostly celebratory Organization Day, kicking off the session that means a return to power for Republicans in the House of Representatives and supermajority for that party in the Senate. Two lawyer-legislators will be leading those houses and setting the agenda while deciding what bills will make it to the respective floors for a vote.
 

long-david-mug Long

In the Senate, President Pro Tem David Long, R-Fort Wayne, was again chosen to head his party’s 37-13 supermajority, meaning Republicans will be able to conduct business without any Democrats being present.

In the House, the Republicans took a 60-40 majority and Indianapolis lawyer-legislator Rep. Brian Bosma regained the position of house speaker that he’d held in 2005 and 2006. Democrats have controlled the House for the past four years.

Both the House and Senate opened with a legislative prayer invoking Jesus Christ, an issue that had sparked a federal lawsuit in 2005 when Bosma last held the speaker seat. An Indianapolis judge ruled that historic practice wasn’t constitutional, but the 7th Circuit Court of Appeals later reversed the suit on procedural grounds without addressing the merits. The American Civil Liberties Union of Indiana continues to watch the issue, but no more suits have been filed.


bosma-brian-mug Bosma

Typically, Indiana’s Secretary of State calls each house to order. But Secretary of State and Congressman-elect Todd Rokita found himself in Washington, D.C., for new member orientation on organization day, paving the way for Chief Justice Randall T. Shepard to assume those duties. State law dictates that the chief justice should step in if the secretary of state is unavailable, though it has never happened in Indiana before.

“Normally, this is the moment when the secretary of state introduces the chief justice,” he said, garnering laughter and a standing ovation. “You didn’t have to do that. I just invite you to raise your hand and repeat after me.”

The chief justice administered the oaths to lawmakers, and in the House Bosma publicly outlined his priorities for the coming budget-setting session. He said kitchen-table analysis was needed in a time when state revenues are at 2005 levels, and Bosma encouraged more transparency in state government by promising that all House committee meetings would be broadcast online, that financial restraint and educational protections would be priorities, and he mentioned that redistricting will be a priority.

Bosma also encouraged bipartisanship and took action that he described as a first for the state – naming two Democrats to fill committee chair slots that would ordinarily go to the majority party. He named Rep. Steve Stemler, D-Jeffersonville, to chair the House Commerce, Small Business and Economic Development Committee; and named Rep. Chet Dobis, D-Merrillville, to lead a new government reduction committee that is tasked with identifying business regulations, state statutes, and agencies and commissions Indiana could do without.

That committee could not only examine state statutes that govern how Indiana attorneys practice law and the state’s judges interpret them, but it could also put more attention on reforms that have been outlined since the Kernan-Shepard report was released in 2007. One of those issues has been court reform, which the Hoosier judiciary supports in order to create more simplicity in how courts operate statewide. Condensing the number of city or town courts and changing jurisdictions of Circuit and Superior courts may be an issue on the committee’s agenda.

Earlier this fall, the Commission on Courts supported the concept of standardizing state trial court jurisdictions but didn’t draft any legislative language. The change would make reassigning workload between courts easier and wouldn’t require judges to seek proposed legislative changes for new judicial resources, according to Marion Superior Judge Mark Stoner, who has been a part of a larger court reform plan addressing this issue. If centralized state funding for trial courts materializes in the future, this would be a step toward easing into that, he said. That legislative proposal came along with another that the commission supported by a 7-1 vote (with Sen. Tim Lanane, D-Anderson, opposed) - recommending that all city and town court judges be attorneys starting with 2011 elections.

The Indiana State Bar Association and other bar associations say they will continue watching judicial selection, although no recommendations or proposed legislation have been made thus far this year, as well as keeping tabs on a possible legal services tax – something that’s been pondered in past years and might be more popular as lawmakers focus on budget-setting in the throes of a battered economy.

Attention will likely focus on the Judicial Automation and Technology Committee as it has in recent years, specifically as that committee considers the costs of a statewide case management system for all 92 counties. That proposal has been making progress since late 2007. The Commission on Courts approved draft legislation that would increase the Automated Record-keeping Fee that largely pays for the Odyssey system’s implementation from the current $7 to $10 beginning July 1, 2011, and then lowering it back to the existing level June 30, 2015. The commission voted 7-1 to recommend the proposal to legislators, which it has done in the past but has failed to get further support.

The Indiana Attorney General’s Office also has some key topics on its legislative radar that have financial and economic implications, such as transparency in local economic development agreements regarding casino revenue and issues involving mortgage foreclosure and Medicaid fraud.

Though legislators return to the day-to-day Statehouse work on Jan. 5, they can now introduce legislation for consideration in the coming session. Bosma has capped the number of bills each legislator can sponsor at 10.

“If you can’t forward your legislative agenda with a 10-bill limit in the long session, then maybe your agenda is too long,” Bosma said.

This is a long budget-setting session with lawmakers shooting to finish the state’s business by the end of April, in order to avoid a special session as was the case in 2009.•

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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