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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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