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.”



  • 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 think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.