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Justices deny case involving trial judges issuing orders against other courts

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The Indiana Supreme Court will not take the lawsuit filed by six people against Marion Superior Judge William Young for his actions in traffic court. The plaintiffs wanted the special judge appointed to their case to order Young to comply with certain procedures, which included mandating Young allow the general public to attend court sessions.

Special Judge Matthew Hanson from Morgan County was appointed to hear the case, Toshiano Ishii, Matthew Stone, Greg Hardin, Lisa Hardin, et al. v. The Hon. William E. Young, Judge. The plaintiffs all claimed that Young treated them improperly while they were in traffic court and wanted Hanson to prohibit Young from improperly fining people, allow the general public to sit in on court, and allow defendants with health problems to be able to leave court and return and also carry food, water and medication, if needed.

Hanson dismissed the plaintiffs’ request, which the Indiana Court of Appeals affirmed in December. The appellate court rejected the arguments that the Indiana Constitution and appellate and original action rules let trial judges issue a writ of mandamus or prohibition against another trial court judge relating to matters that aren’t connected to the trial court’s jurisdiction. The Indiana justices have the exclusive jurisdiction, the COA found, and that decision stands now that the Supreme Court has denied transfer.

Young was disciplined for his general handling of traffic infraction cases in November 2010, receiving a 30-day suspension from the Indiana Supreme Court. Young and the Indiana Judicial Qualifications Commission had reached a settlement in the matter, in which he was charged with misconduct based on allegations Young routinely implied that litigants shouldn’t demand trials and they would be penalized for doing so if they lost. He admitted to the commission that he imposed the higher fines on litigants whom he believed shouldn’t have pursued trials.

The plaintiffs in the Ishii case are not the basis for the disciplinary action, but their lawsuit involved similar conduct. The plaintiffs only sought relief for future cases.

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

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