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Judges, prosecutor at odds over 12-hour rule for Indy arrestees

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Marion Superior judges Friday delayed enacting a policy opposed by Prosecutor Terry Curry that would ensure major felony suspects a probable cause determination within 12 hours of arrest.

Judge Lisa Borges said at a meeting of the Marion Superior Executive Committee that criminal judges officially backed the policy recommended by the Indianapolis Office of Corporation Counsel, since currently those arrested for less serious offenses already receive a determination within 12 hours. Borges said people arrested on suspicion of major felonies are immediately transported to the Marion County Jail after processing.

Borges said representatives of the prosecutor’s office voiced their objections to the policy during public meetings, but judges were acting on recommendations from county attorneys who advised that the county could be liable for having different standards for similarly situated arrestees.

If the policy were enacted, Borges said, suspects would be released if there was no probable cause determination within 12 hours of arrest.

Executive Committee Chairman Judge David Certo criticized Curry for sending judges an email about an hour before the committee meeting requesting enactment of the policy change be delayed. Certo encouraged Curry to explain to the committee why the policy shouldn’t be adopted at its next meeting July 8.

“I would expect the elected prosecutor in this room,” Marion Superior Criminal Division 9 Judge Marc Rothenberg said.

“It is not unknown in the community what the legal ramifications might be” of holding an arrestee longer than 12 hours without a PC determination, Rothenberg said.

“We have a responsibility as a court,” he said. “…It’s frustrating we can’t get it done now.”

Judges grudgingly delayed acting on the proposal and Certo said that as a courtesy the committee should give Curry an opportunity to explain why the courts shouldn’t adopt the rule.

Judges James Osborn and John Chavis said the courts also have an obligation to protect public safety, and that the committee should allow Curry to present any concerns that may not have previously been raised.

Chavis said he was sensitive to the need to ensure timely release of people wrongly arrested, but he said public safety also needs to be weighed. “I think there are valid concerns on both sides,” he said.

The committee’s next public meeting is at noon July 8 in Room 1221 of the City-County Building.  
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

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  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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