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Justice touts Odyssey, counties seek addition judicial officers

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The Commission on Courts meeting Wednesday contained some familiar elements: Indiana Supreme Court Justice Frank Sullivan testified regarding Odyssey and two trial judges have once again asked for an additional judicial officer.

Justice Sullivan kicked off the meeting, giving commission members an update on the Judicial Technology and Automation Committee project, Odyssey, a case management system being implemented in counties. The justice touted the benefits of counties utilizing the voluntary CMS, and showed videos to enhance his message.

A commission member asked a question regarding data mining the information maintained by Odyssey, to which Justice Sullivan replied the information could be helpful to legislators to do their work, and that there are limitless opportunities for analysis of the data. He cited funding recently given to the Indiana Criminal Justice Institute by the federal government to study the issue of racial profiling of traffic stops.

Justice Sullivan also explained how this year’s cut by the General Assembly to the automated record keeping fee, which funds Odyssey, will impact implementation of the system. The fee decreased from $7 to $5 on July 1. He said they’ve had to reduce staff size somewhat and are in the process of re-writing consulting contracts. The fee reduction will also slow down the rate at which Odyssey can be installed.

Allen Circuit Judge Thomas Felts, who is also a member of the Commission on Courts, testified on behalf of his county asking to replace an Allen Circuit Court hearing officer with a magistrate position. He said this is the third or fourth time he has come with the request. One of the reasons he cited for wanting to make John Kitch a magistrate is that he wants to be able to keep him as an employee.

Owen Circuit Judge Frank Nardi also came with request that he has made before the commission in the past – he seeks a new judge. Currently, Circuit Court consists of him and a part-time referee. He said he would like separate independent courts: that could be done with the creation of a Superior Court or another Circuit Court, or the referee could be made into a magistrate.

Hendricks Superior Judges Robert Freese and Stephenie LeMay-Luken requested the addition of up to two magistrates. Judge Freese cited the population growth in Hendricks County and how the county has one judge per 24,000 people. The state averages about 16,000 people per judge. Ideally, they’d like the new magistrate or magistrates to begin July 1, 2012 or Jan. 1, 2013.

The judges presented a letter signed by the five Superior Court judges supporting the request. Judge Freese noted that Circuit Judge Jeffrey Boles doesn’t believe there is a need for new magistrates.

Also at the meeting, Judge Nardi announced that he would not be running for re-election. He has been on the bench since 1983.

The commission set its next meeting for Sept. 15, which chairperson Rep. Greg Steuerwald, R-Avon, noted would likely be their last meeting.


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  1. G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.

  2. SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.

    Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
    Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
    Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
    It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.

  3. Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
    As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
    This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.

  4. Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.

  5. This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.

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