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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.