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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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