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General Assembly wraps up on time

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The 2011 session of the Indiana General Assembly ended on schedule despite the weeks-long walkout by House Democrats. Now, bills impacting Indiana’s courts and legal community make their way to the governor’s desk.

House Enrolled Act 1266, which originally dealt with creating a unified Clark Circuit court, became a more expansive bill as the session progressed. Language from other bills was added to HEA 1266, including the establishment of Madison and Henry courts into unified Circuit courts. The changes become effective July 1; for Clark County, the changes take effect Jan. 1, 2012.

HEA 1266 also changes how Lake Superior County judges are chosen. Now, instead of being elected, those judges will be nominated by the Lake County Superior Court judicial nomination commission and appointed by the governor. These judges will be up for retention every six years.

The bill also ends the mandatory retirement age of 70 for Superior and County court judges. This language is also in Senate Enrolled Act 463, which passed out of the Senate after a conference committee. As of Indiana Lawyer daily deadline, both bills had yet to be signed by Gov. Mitch Daniels.  

House Enrolled Actl 1153 has expanded the types of people who may participate in problem-solving court programs and when and how a problem-solving court may end someone’s participating in the program. The bill says that parents or guardians of a juvenile accepted into a problem-solving court program is financially responsible for court service fees and chemical testing expenses, or other fees and expenses assessed against the juvenile. HEA 1153 also includes details on the Criminal Law and Sentencing Policy Study Committee. The bill is ready for enrollment as of Indiana Lawyer daily deadline.

Senate Enrolled Act 582 deals with settlement conferences in residential foreclosures and would make some of the Mortgage Foreclosure Best Practices part of state statute. In January, Indiana Attorney General Greg Zoeller petitioned the Indiana Supreme Court to promulgate an order requiring all trial courts to observe and enforce the practices. In February, the Indiana Supreme Court began accepting comment on the proposed best practices for mortgage foreclosure cases to decide whether all or some of the best practices should be made into rules or remain advisory only. Comment is still being accepted through May 30.   

The budget bill passed by legislators includes the automated record-keeping fee, which was originally introduced in SB 301. Unlike the original bill that called for increasing the fee – which would pay for the Indiana Supreme Court’s Judicial Technology and Automation Committee’s implementation of a statewide case management system – the budget calls for the $7 fee to decrease to $5 after June 30, 2011. The budget also calls for increasing the public defense administration fee to $5 from $3.

The legislation also says a salary increase for full-time judges and appellate judges that would otherwise occur under Indiana Code Section 33-38-5-8.1 during the fiscal years of 2011 and 2012 must be approved by the chief justice of the Indiana Supreme Court. The governor had not signed the budget legislation as of the newspaper’s deadline.

Gov. Daniels has already signed several other bills including: SEA 169 on probate, trusts, and transfer on death transfers; HEA 1215, which allows for a protected person to attend a hearing through the use of closed-circuit television; and SEA 495, which prohibits a school corporation from using money received from the state to bring or join an action against the state. The law does allow for using state money if the school is challenging an adverse decision by a state agency, board, or commission.

To see what legislation the governor has before him or has signed, visit the governor’s Bill Watch page.

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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