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Governor signs DCS, new judge legislation

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Gov. Mitch Daniels signed legislation last week that gives Johnson Superior Court a fourth judge and Allen Circuit Court another full-time magistrate, and an enrolled act that makes changes to the Department of Child Services.

In addition to giving Johnson Superior Court a new judge in 2015, House Enrolled Act 1092 states that a City Court in a city that has between 10,500 and 11,000 residents has concurrent jurisdiction with the Circuit Court in civil cases in which the amount in controversy doesn’t exceed $1,500. Senate Enrolled Act 152 gives Allen Circuit Court a second full-time magistrate beginning July 1, 2013.  

Senate Enrolled Act 286, among other things, requires DCS to conduct a criminal history check of certain people before a child is reunited with a parent or guardian. It also states that an audio recording of a telephone call to the child abuse hotline is confidential and can only be released upon a court order. It requires that if a hearing regarding a petition to terminate parental rights isn't commenced or held within a certain time frame, the court should dismiss it.

The governor has also signed:

•    HEA 1065, on military custody and parenting time matters.

•    HEA 1273, which requests the Legislative Council study the topic of creating a centralized department of administrative law judges within the Office of the Indiana Attorney General.

•    SEA 156, which establishes a new procedure for partitioning real and personal property.

•    SEA 157, on copy of power of attorney.

•    SEA 246, on lab technician testimony in criminal cases.

•    HEA 1033 on conversion of a Class D felony to a Class A misdemeanor.

Daniels has received all of the legislation approved by the General Assembly this session. He has seven days from the date he received the enrolled act to sign or veto it. If he takes no action by the seventh day, it becomes law without signature.



 

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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