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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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