ILNews

Governor backs court reforms

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

ADVERTISEMENT