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Judge: Case not made for airport justice center site

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The judge who has authority over Marion County court facilities is casting doubt on the city’s preferred site for a Criminal Justice Complex at Indianapolis International Airport.

“My position is at this point I think the case has not been made that an airport site is reasonably accessible,” Marion Circuit Judge Louis Rosenberg said in an interview.

A 35-acre site along West Washington Street east of Raceway Road emerged as the preferred site  among several the city evaluated in a market survey completed in November.  

Representatives of the Ballard administration have said that no site has been officially selected, and Marion Superior judges are scheduled to hear an update on the complex Thursday. The city has selected a short list of three potential developers, and officials have said a location is expected to be announced by April 1.

Rosenberg commended Indianapolis Mayor Greg Ballard and other officials who in December announced plans to build a new complex that would incorporate the Marion County jail, Superior Court criminal division, and prosecutor, public defender, probation and other related functions. A new jail and criminal courts facility is needed, Rosenberg said. He said his sole concern is in regard to accessibility.

Last November, Rosenberg sent a letter to the city’s project coordinator thanking him and Ballard for moving ahead on a long-conceptualized facility, noting, “As a result of your hard work, I am confident that we are closer than ever.”

But the letter, dated Nov. 12, also expressed a need for greater transparency in the site-selection process and encouraged the views of judges and stakeholders be considered: “the proper role of the Judiciary and the Circuit Court in particular needs to be recognized.”

Indiana statute vests the Marion Circuit judge with authority over court location, among other things. “With reference to accessibility, that’s what we need to be right on top of,” Rosenberg said. A 2013 Indiana Supreme Court ruling on the location of Center Township Small Claims Court “makes it abundantly clear,” he said.

Rosenberg noted the opinion rejecting a trustee’s bid to relocate Center Township Small Claims Court from the City-County Building to the Carson Center on Fall Creek Parkway. The Supreme Court ruled in the judge’s favor and kept the court where it was, holding that relocating it would raise a fundamental question of access to justice, and “providing such access is a constitutionally mandated function of Indiana Courts.”

Rosenberg cited that language in the Nov. 12 letter that also put the city on notice: “Where the ‘Judicial Center’ is located is thus an issue on which the Judiciary must satisfy itself that the proposed site would promote rather than impair access to justice.”

He said an airport site would present access challenges for witnesses, poor and minority populations, as well as frequently monitored court users such as the approximately 2,500 people in community corrections. He estimated some transit users could face round-trip commutes of two hours or more if courts moved to the proposed airport site.

“The bottom line is (an airport site) is going to create some hardships,” he said. “I think we have to be more empathetic and we have to think about the people who are going to be using the facility.”




 

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  • Marion County Courts Disadvantage
    If you follow the money you will find this parcel of land is a total disadvantage for the citizens of Indianapolis. If a person traveling from Cumberland, Geist or Franklin Township to this location, there is a significant travel time, cost and inconvenience. There are numerous parcels of land in Center Township Marion County with short travel times and mass transit accessibility to help citizens complete their business with the city. Let us not make the mistake we made with the former Eastgate Consumer Mall!
  • The airport site.
    At least the IBJ is accurately describing the parcel and is noting that it is at the far northwest corner of the property near Raceway Road. The March 4 Indy Star article, which remains on the web and not corrected, says that the airport location is the "old airport" site. The Star identifies that site as 6600 Kentucky Avenue, which refers to another parcel and is miles from any part of the airport property. I agree that it's very important that the public understand exactly where the "airport site" is, but the IBJ has done a pretty good job of it, especially compared to other media outlets.
  • LocationTitle
    I wish news reports would stop referring to proposed site as the "airport site". Most people think they mean the old terminal site (which is not a bad location). A more accurate description of the proposed site would be the "Plainfield Site" since it is right at the Plainfield Town border.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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