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Justices: Center Township Small Claims court stays put

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What’s been called the state’s busiest court will stay in the City-County Building in Indianapolis, the Indiana Supreme Court ordered Friday, blocking the Center Township trustee’s bid to relocate the court to a location on Fall Creek Parkway.

“We approve the renovations, additional staff, and the mandate prohibiting the relocation of the court. We disapprove the mandated salary increases,” Justice Robert Rucker wrote for the court in In Re Mandate of Funds for Center Township of Marion County Small Claims Court Order for Mandate and Mandate of Funds,  
49S00-1207-MF-420.  “We affirm the decree of the special judge.”

Justices unanimously affirmed the special judge Charles E. Berger, whose decree largely endorsed Center Township of Marion County Judge Michelle Smith Scott’s mandate for funds to reconfigure the small claims court location and hire additional staff in its present location, the same building that houses Marion Circuit and Superior Courts.

Scott also objected to Township Trustee Eugene Akers’ control of court staff and his push to move the court to the Julia Carson Center on Fall Creek Parkway, where more than $500,000 was spent to renovate space for a courtroom.

"On review of this mandate order, our job is not to assess whether the Carson Center would be a 'better' location for the court. Rather, we must determine whether the record contains substantial evidence of probative value that there is a clear and present danger of impairment to the court or court functions if the court is not maintained and reconfigured in its present location. We find that it does," Rucker wrote.

The opinion notes the central location of the court in the township and that it is well served by mass transit routes easily accessible around the township. “We also find it relevant that the court in this case, as with most small claims courts, hears a substantial volume of consumer collection cases and landlord-tenant disputes such as evictions.

“According to a comprehensive study of legal needs of the poor in Indiana, it is precisely these types of cases that most frequently plague low-income Hoosiers,” Rucker wrote. “(I)t is also worth noting that the Center Township Small Claims Court is not only in the same building, but is on the same floor as courts handling paternity and child support, domestic violence, and protective orders – services also of particular relevance to this demographic.

 “We conclude the record is replete with probative evidence that moving the Center Township Small Claims Court away from its present location poses a clear and present danger to access to justice for the litigants it serves, and that maintaining and upgrading the Court in its present location is reasonably necessary to preserve that access,” the opinion states.

The ruling also will add two full-time staff members in the court and states that Akers “shall relinquish control over Court functions, and that authority over its employees and its financial operations shall be vested solely in the Court.”



 





 

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  • Court badly in need of bailiffs
    We process a good amount of evictions here and sadly some tenants refuse to leave after being so ordered to by the court. Normally, in other townships, it is simply a phone call to the bailiff, then schedule with the moving co, and they complete a forced move out. Unfortunately, in Center, the bailiffs refuse to return calls in the first 15 days at a minimum, hoping that the "issue will resolve itself". We have filed complaints with the court, which is hilarious as no one in this city knows who actually oversees the bailiffs. To no avail, as the issue persists. The bailiffs here are either lazy or incompetent, either way, we need bailiffs that want to perform their duties.

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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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