Indiana gets new federal magistrate

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For the first time since the early 1980s, the Southern District of Indiana has gotten approval to hire a new full-time federal magistrate.

The U.S. Judicial Conference, which is the policy-making arm of the federal court system, approved during its annual fall meeting on Tuesday the Indianapolis-based magistrate spot along with three others throughout the country.

“We are very pleased about this, and it’ll certainly help our magistrates process their work even more efficiently,” said Chief Judge Richard Young, a member of the Judicial Conference that approved the measure. “We have one of the highest weighted caseloads in the country, and so this will help us process our work more quickly and get the litigants through the system a little quicker.”

Congress had previously authorized the Judicial Conference to create these new positions, and the funding for the magistrate begins April 1, 2011. The conference’s Committee on the Administration of the Magistrate Judges System had agreed in June that the Southern District of Indiana should get an additional magistrate since it’s one of the busiest courts nationally. Chief Judge Young sat on that committee, as well.

With ongoing budget and economic woes, the chief judge said it’s not likely that Congress will approve any new judgeships in the near future and that means other judicial help is needed. Chief Judge Young said the magistrate would be based in Indianapolis where space is available, and that one of the points the committee had considered was how the District wouldn’t have to find or rent space as a budget expense.

Applications for the position will be accepted in the coming weeks, according to Chief Judge Young. Once those applications are received, a merit-selection panel will review the applications and interview the individuals who apply before recommending five finalists for the District judges to consider.

The process will mirror what happened earlier this year when the District received 52 applications for a magistrate vacancy, created when U.S. Judge Jane Magnus-Stinson was elevated to a federal judgeship. In August, the court selected Indianapolis attorney Mark Dinsmore to take that position, and he’s currently awaiting a background check before he begins his work.

Chief Judge Young said this process is different only in that the court will be operating at full judge and magistrate capability and not trying to fill a vacancy. The new magistrate will join current full-time Magistrate Judges Tim Baker, Debra McVicker Lynch, William Hussman, and Dinsmore; as well as part-time Magistrates Craig McKee and Mike Naville who handle search warrant and criminal matters; and recalled Magistrate Kennard Foster.

Aside from that magistrate addition, the Southern District is also watching for possible impact from another Judicial Conference action that created a pilot project allowing cameras in some District Courts. The Southern District was part of a similar project in the early 1990s and that could make it a contender for this new project, though which courts will be allowed to participate hasn’t been decided.

What has been determined is that participating courts will record proceedings at the trial judge’s discretion, and that all parties must give their consent. The Federal Judicial Center will conduct a study on the pilot and provide reports during the first two years and the Administrative Office of the U.S. Courts will pay for any equipment and training that’s needed. The conference’s Committee on Court Administration and Case Management will flush out the details and logistics, though no timeline exists for now.

“Technology has changed so much and you just didn’t have social media networks and things like Facebook in the 90s,” Chief Judge Young said. “We want to see how this plays out now, in this new world of public access.”

In addition to the cameras and magistrate actions, the Judicial Conference also:

- Approved a new strategic plan for the federal judiciary that focuses on enhancing court accessibility, timeliness and efficiency, as well as attracting and retaining judicial and court executive talent, and efforts for increased education and training for judges and staff on various court issues. The plan is available online.

- Found a continuing need for all authorized bankruptcy judgeships -- 316 permanent and 36 temporary positions, and recommended that Congress not eliminate any of them in light of a 20 percent increase in filings between June 2009 and June 2010. The Senate is considering a bill that would create 13 additional bankruptcy judgeships and convert 22 existing temporary ones into permanent spots.

- Approved the creation of a public access program involving the Government Printing Office, American Association of Law Libraries, and Administrative Office of U.S. Courts that would offer free training and education to the public about the Public Access And Court Electronic Records (PACER) system. The program would also exempt from billing the first $50 of quarterly usage by a participating library.


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  1. This new language about a warning has not been discussed at previous meetings. It's not available online. Since it must be made public knowledge before the vote, does anyone know exactly what it says? Further, this proposal was held up for 5 weeks because members Carol and Lucy insisted that all terms used be defined. So now, definitions are unnecessary and have not been inserted? Beyond these requirements, what is the logic behind giving one free pass to discriminators? Is that how laws work - break it once and that's ok? Just don't do it again? Three members of Carmel's council have done just about everything they can think of to prohibit an anti-discrimination ordinance in Carmel, much to Brainard's consternation, I'm told. These three 'want to be so careful' that they have failed to do what at least 13 other communities, including Martinsville, have already done. It's not being careful. It's standing in the way of what 60% of Carmel residents want. It's hurting CArmel in thT businesses have refused to locate because the council has not gotten with the program. And now they want to give discriminatory one free shot to do so. Unacceptable. Once three members leave the council because they lost their races, the Carmel council will have unanimous approval of the ordinance as originally drafted, not with a one free shot to discriminate freebie. That happens in January 2016. Why give a freebie when all we have to do is wait 3 months and get an ordinance with teeth from Day 1? If nothing else, can you please get s copy from Carmel and post it so we can see what else has changed in the proposal?

  2. Here is an interesting 2012 law review article for any who wish to dive deeper into this subject matter: Excerpt: "Judicial interpretation of the ADA has extended public entity liability to licensing agencies in the licensure and certification of attorneys.49 State bar examiners have the authority to conduct fitness investigations for the purpose of determining whether an applicant is a direct threat to the public.50 A “direct threat” is defined as “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided by § 35.139.”51 However, bar examiners may not utilize generalizations or stereotypes about the applicant’s disability in concluding that an applicant is a direct threat.52"

  3. We have been on the waiting list since 2009, i was notified almost 4 months ago that we were going to start receiving payments and we still have received nothing. Every time I call I'm told I just have to wait it's in the lawyers hands. Is everyone else still waiting?

  4. I hope you dont mind but to answer my question. What amendment does this case pretain to?

  5. Research by William J Federer Chief Justice John Marshall commented May 9, 1833, on the pamphlet The Relation of Christianity to Civil Government in the United States written by Rev. Jasper Adams, President of the College of Charleston, South Carolina (The Papers of John Marshall, ed. Charles Hobson, Chapel Hill: Univ. of North Carolina Press, 2006, p, 278): "Reverend Sir, I am much indebted to you for the copy of your valuable sermon on the relation of Christianity to civil government preached before the convention of the Protestant Episcopal Church in Charleston, on the 13th of February last. I have read it with great attention and advantage. The documents annexed to the sermon certainly go far in sustaining the proposition which it is your purpose to establish. One great object of the colonial charters was avowedly the propagation of the Christian faith. Means have been employed to accomplish this object, and those means have been used by government..." John Marshall continued: "No person, I believe, questions the importance of religion to the happiness of man even during his existence in this world. It has at all times employed his most serious meditation, and had a decided influence on his conduct. The American population is entirely Christian, and with us, Christianity and Religion are identified. It would be strange, indeed, if with such a people, our institutions did not presuppose Christianity, and did not often refer to it, and exhibit relations with it. Legislation on the subject is admitted to require great delicacy, because freedom of conscience and respect for our religion both claim our most serious regard. You have allowed their full influence to both. With very great respect, I am Sir, your Obedt., J. Marshall."