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Judge: More small claims reforms pursued

Dave Stafford
September 4, 2012
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More reforms that could address “forum shopping” in Marion County Small Claims courts will be undertaken this month, the judge presiding over a review of township court operations said.

Marion Circuit Judge Louis Rosenberg made the announcement Tuesday at a news conference that also opened the 30-day public comment period for new rules for Marion County Small Claims courts. Proposed rules are expected to be posted Tuesday at www.in.gov/judiciary/supreme/ and www.indy.gov under the Circuit Court link, and comments may be made through Oct. 5. The new rules will be adopted, modified or rejected by Oct. 12. If adopted, the proposed rules will take effect Jan. 1.

Those proposed rules don’t address the practice of large filers concentrating in particular township courts, but Rosenberg said discussions on how to address forum shopping would begin Sept. 19 with the rules committee of the Indiana Supreme Court.

“I view this as kind of a coordinated effort with the Supreme Court,” he said.

Rosenberg said the rules would bring uniformity to the nine township courts, standardizing hours, forms, filing fees and notice of the rights of litigants, particularly those representing themselves. The rules also would require, among other things, that court staff wear identifiers, that all parties to a lawsuit have equal access to court case files, and that township judges not be allowed to practice in other township courts.

The rules were developed by an advisory committee formed after Court of Appeals Judge John Baker and Senior Judge Betty Barteau issued a report that recommended an overhaul in the way the courts were structured and reforms in the way they did business. The study and report followed a Wall Street Journal article citing practices in the township courts.

Rosenberg said the proposed rules would go a long way toward improving the credibility of the small claims courts as a fair forum.

“It’s a good first step in the right direction,” said Christine Hayes Hickey of Rubin & Levin P.C., who served on the Small Claims Rules Advisory Committee.

Comments on the proposed rules may be emailed to aida.ramirez@indy.gov with the subject line “Public comment on local rules.”




 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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