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Judges affirm juvenile placement in DOC

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The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but it noted that all other remedies for his rehabilitation had been exhausted in his home county.
 
In J.J. v. State of Indiana, No. 47A01-0911-JV-557, J.J. appealed the juvenile court’s order that he be committed to the Indiana Boys School, a part of the DOC. J.J. has been in and out of trouble for several years and struggled with mental health problems, drug abuse, and anger management.

“J.J. has been given every chance to work to solve his problems and comply with the rule of law, but he has continued to reoffend,” wrote Chief Judge John Baker. “In just a few short years, J.J. exhausted every rehabilitative program offered by Lawrence County, and is left with no option other than the Department of Correction.”

J.J. argued that the juvenile court abused its discretion because his prior offenses had been “minor,” he had a history of mental health issues, and a history of drug abuse that he claimed he hadn’t received treatment for.

“Although we sympathize with this argument and certainly acknowledge that J.J. is a troubled individual who is grappling with a number of significant problems, we place great weight on the juvenile court’s conclusion that ‘the Lawrence County Juvenile Probation has exhausted what means they have for rehabilitation for [J.J.] …,’” wrote the chief judge.

The appellate court also reversed the juvenile court’s finding of delinquency for committing what would be Class D felony resisting law enforcement had it been committed by an adult in one of his cases. The juvenile referee failed to submit findings for the juvenile court’s review on the matter, as required by Indiana Code Section 31-31-3-6(2). The referee made no findings of fact on the charge and merely completed a boilerplate form stating J.J. committed resisting law enforcement as a Class D felony.

“The juvenile court should be able to read the recommended order drafted by the referee, glean all relevant facts therefrom, and come to an informed decision about whether or not to adopt the referee’s recommendations,” wrote Chief Judge Baker.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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