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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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