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.”




  • 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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...