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Indiana judiciary continues to lead by example

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Even though times are tough, the Indiana chief justice says the Hoosier judiciary remains strong and continues to be a leader that other states look to as an example.

Giving his 24th annual State of the Judiciary speech on Wednesday before a joint session of the Indiana General Assembly, Chief Justice Randall T. Shepard praised the state court system’s efforts during the past year that have materialized despite the economic climate and lack of resources for everyone.

Talking about how people across the country and state discuss how broken government is and how public leaders aren’t listening to constituents, the chief justice talked about how the legal community has responded and proven they can rise above the economic crisis.

“In short, Indiana’s judiciary is one that keeps its feet planted firmly on this territory, on Hoosier soil, while keeping its eyes on the horizon,” Chief Justice Shepard said, highlighting four areas where he observed the state courts thriving during 2010.

- Mortgage foreclosures: With foreclosure filings higher last year than in 2009 and the courts burdened with those cases, the chief justice highlighted how homeowners have the opportunity now for a settlement conference and that more than 40 percent of homeowners respond when a court sends out a separate settlement notice. The conferences are used in counties that have 60 percent of the foreclosures and Chief Justice Shepard said they’ll be implemented statewide by the end of this year, in addition to the best practices document the State Court Administration has recently published to help judges outline case management plans.

- Smarter sentencing: As the state legislature discusses how to revise sentencing so that high-risk offenders receive appropriate sentences and are incarcerated, the chief justice talked about how local corrections officials have already been tackling that issue. He discussed how a risk assessment tool recently became mandatory for every criminal and delinquency court statewide, and that 2,300 probation officers and judges and court staff have been trained to use it.

- Technology: Praising the continued implementation of the statewide Case Management System called Odyssey, the chief justice said the system is being used in 77 courts in 26 counties and at least 175 are on a waiting list to participate. The participation reflects use in a third of the state’s courts since the project began in late 2007, and he urged lawmakers to temporarily increase from $7 to $10 the automated record-keeping fee to help speed up the process. The chief justice also praised other technology avenues that have been put into place during the past year, including electronic notification systems tracking police citations, protective orders in domestic violence cases, and when someone is adjudicated mentally ill so those individuals can be kept from obtaining firearms.

- Jury instructions: The state unveiled new instructions last fall, taking much of the legalese out of courtroom instructions and replacing it with examples and language that non-attorneys can easily understand.

“The men and women of the Indiana courts tackle all these issues and more, both through long-range strategic planning and through immediate action,” Chief Justice Shepard said. “So, it’s with the men and women of Indiana’s courts, who’ve proven themselves able at diagnosing a defect or identifying an opportunity, recruiting talented people, and capable of seizing the moment on the basis of the best ideas available.”
 

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  • Stepping Out of Bounds
    â??Why would you overcharge the taxpayers of Indiana hundreds of millions of dollars just to make government bigger and less efficient?â?? â??Theyâ??ve forgotten itâ??s the taxpayer who pays for government.â?? Governor Mitch Daniels

    The Indiana Supreme Court could serve Hoosier taxpayers better if they would heed Governor Daniels wisdom especially in these economic times. While I appreciate and share the Indiana Supreme Courtâ??s attempts to link courts statewide and bring some uniformity to the courts, this has already been done by the commercial marketplace. So spending one-tenth of a BILLION of Hoosier taxpayersâ?? dollars for Odyssey and other software applications that replicate what already exists in the commercial marketplace at one-tenth the cost makes no economic sense. And once again, the Chief Justice announces to all that he wants Hoosier to pay 50% more for these redundant systems. Not only does the Supreme Court replicate software that already exists in the marketplace, they are also crossing what is the constitutional boundary of the County Clerk, law enforcement, prosecutor, probation and public defender. The Indiana Supreme Court is in the business of writing traffic citations (that are up nearly 50% since 2004), filing traffic tickets with the Clerk and they are doing the Clerk record keeping over the risky and costly internet. The e-CWS (electronic citation), Protective Order Registry and Mental Health Adjudication systems are wonderful systems but they should be the responsibility of the prosecutor and law enforcement. Hopefully it is time to stop government competing against the private sector and respect Constitutional boundaries. If so, the taxpaying marketplace will be able to create more Hoosier taxpaying jobs and Indiana will once again be open to free market competition that will save Hoosier taxpayers tens of millions of dollars every year.

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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