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Governor backs court reforms

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Expect some talk of sweeping court reforms in the coming legislative session.

Gov. Mitch Daniels this morning announced plans to move forward with more than a dozen local government reform proposals first unveiled a year ago by a commission, co-chaired by former Gov. Joe Kernan and Indiana Chief Justice Randall T. Shepard. That report can be viewed here.

Some of the proposals have already been enacted, and the governor today recommended most of those remaining be considered by the General Assembly in the coming year.

Three court-specific measures that would impact all Indiana counties are: shifting the funding for all trial courts, probation officers, and public defenders to the state; transferring local court clerk responsibilities to the local election board or a newly established county executive; and eliminating all of the township Small Claims courts in Marion County and transferring those courts' duties to the Marion Superior courts.

The funding shift recommendation has been modified slightly from what the commission originally proposed, a change that could impact the timing of any possible reforms.

"Once the state's fiscal circumstances improve, it would make sense for the state to assume the costs of the trial court system over a period of years, including probation officers and public defenders," the recommendation rationale states. "Indiana's courts could operate more efficiently and fairly, ensuring that all citizens have the same access to justice. A transition period would be necessary to allow time for currently serving judges to complete their terms in office."

With the chief justice standing behind him along with a line of commission members and state officials, the governor said these were 16 of the total 27 recommendations made in the Kernan-Shepard report, and taken all together could save taxpayers about $630 million if adopted by the legislature.

Because of the tough budget-setting season in store, Daniels expects the legislation will be introduced in various pieces, rather than one large package.

Among the other changes the governor is recommending:

• Establish a single-person elected county executive to replace the current three county commissioners.

• Each county would have a county council as its only legislative body.

• Responsibilities for administering the duties of the county recorder, treasurer, assessor, surveyor, and coroner would be transferred to the lone county executive. These positions no longer would be elected while county sheriff, clerk, and auditor still would be chosen by voters.

• Create a county-wide body to oversee all public-safety services.

• School districts with less than 1,000 students would have to combine their district central office operations with another district unless they already are part of a county-wide district. After such a consolidation, no high schools may be closed for at least five years.

• Conduct all non-partisan school elections during November in even years.

• Move all municipal elections to even-numbered years.

• Transfer the responsibilities of municipal health departments to the county health department.

• Reorganize library systems by county instead of by municipality.

• Prohibit employees of a local government unit from serving as elected officials on the same local government unit.

• Designate a state office to provide technical assistance to local government.

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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