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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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