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Judge-backed court staff attorney pilot program bill moves out of committee

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Legislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.

House Bill 1411, authored by Rep. Tom Washburne (R-Evansville) establishes the two-year pilot Circuit Court and Superior Court Staff Attorney Pilot Program. The bill calls for the program to be created and facilitated by the Indiana Judicial Center, which will report to the Commission on Courts for possible implementation statewide after the initial test period.

Jane Seigel, executive director of the Indiana Judicial Center, testified in support of the bill, as did former Indiana Chief Justice Randall Shepard. The Indiana Judges Association, Indiana Chamber of Commerce and the Indiana Manufacturers Association also support the legislation.

Seigel told Indiana Lawyer Thursday the Indiana Judicial Center is dedicated to helping trial judges across the state and this is an additional tool that can be implemented to help the courts.

The pilot program under the introduced legislation would make IJC staff attorneys – which are defined as an attorney, senior judge or third-year law student - available to judges to help prepare orders granting or denying dispositive motions. The language was amended in committee to replace “dispositve” with “complex” based on a suggestion from Rep. Ed DeLaney, D-Indianapolis, who signed on as a co-author.

The legislation is written broadly enough to leave a lot of the program details – including what kinds of cases falls under “complex” – up to the IJC, Washburne said. He thinks that some lawsuits are filed in some jurisdictions where there’s a perception the party can “blow that lawsuit by the judge” as the judge doesn’t have time to deal with motions to dismiss or for summary judgment and the case proceeds perhaps farther than necessary based on the law.

“Because judges don’t have many resources, a lot of those get through and cause a lot of problems for defendants,” he said. “Ultimately, having more resources will cut back on frivolous filings.”

A party in an action where the pilot is running may ask the court to have a staff attorney from the pilot program to assist the court in preparing a judicial opinion that explains the reasons for granting or denying the motion. A judge may also request the assistance of an IJC attorney.

The idea for this legislation came from Washburne, vice president and associate counsel for Old National Bancorp in Evansville, based on his experience managing litigation for the bank and his time as a law clerk for U.S. Judge S. Hugh Dillin.

Trial judges have high workloads but don’t have the same available resources as the federal courts do in writing decisions. Washburne said some judges have told him if they want to do real writing, they have to take it home. The pilot project attorneys can act as law clerks for trial judges.

The pilot program will be established in at least five counties: two with a population of less than 50,000; two with a population between 50,000 and 200,000; and one county with at least 200,000 residents.

In 2011, the number of cases disposed by a bench disposition – including dispositive motions – ranged between seven percent for civil torts to 18 percent for civil plenary cases, according to the fiscal impact statement for the legislation. The idea is this bill will help parties avoid lengthy litigation, and if state or local units of government are involved, would help reduce their costs of litigation.

The bill will be eligible for second reading next week in the House.

 

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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