ILNews

Judge: More small claims reforms pursued

Dave Stafford
September 4, 2012
Back to TopCommentsE-mailPrintBookmark and Share

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.”




 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

ADVERTISEMENT