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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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