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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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