ILNews

Lake County fee bill moves forward

Back to TopCommentsE-mailPrintBookmark and Share

The House Judiciary Committee met this morning to consider five bills that included assessing a $10 fee for Lake County court filings, which would be used to fund a consolidated judicial center.

Voting on the Lake County legislation, the committee voted 7-3 to send House Bill 1435 on to the full House for consideration. Rep. Linda Lawson, D-Hammond, proposed the bill, which would establish a fund aimed at financing, constructing, and equipping a Lake County judicial center in or near Crown Point. The fund for a consolidated judicial center comes on the heels of a 2007 study recommending many ways that local government could be more efficient.

If enacted, a $10 fee would be charged on any filing in Lake's Circuit or Superior courts, and in which a person is convicted of an offense, required to pay a pretrial diversion fee, or found to have committed an infraction or ordinance violation.

Lake Superior Judge Diane Kavadias Schneider wrote a letter supporting the bill, and Lake County Bar Association past president Gerald Bishop spoke in favor of the plan. He described this as a "bricks and mortar" bill that's a "no brainer" for the General Assembly, since it can help local officials self-fund a judicial center and become more efficient overall.

Bishop said attorneys must often travel to various courthouses in the county, frequently for hearings that may last only 15 minutes but aren't able to be done by telephone conference because the courts can't afford the equipment to make that option a reality, he said. As a result, the costs trickle down to clients.

With more than 100,000 cases filed annually in Lake County, this $10 fee could amount to $1 million for a new centralized judicial center, Bishop said.

Some lawmakers hesitated, voicing concerns about why this type of construction isn't being funded by a county action rather than a state law - and how county officials have historically not opted to hike taxes locally as others have done throughout Indiana to pay for court renovations or building projects.

Rep. Wes Culver, R-Goshen, noted his concern about allowing this money to be used to renovate existing buildings, which could postpone a new project indefinitely. Bishop responded that prohibiting that would stall change, as a new judicial center is many years off.

Ultimately, the bill got enough support from committee members to move on.

Other bills that passed out of committee after discussion were: HB 1175 that sets up a structure for protecting victims' rights in juvenile criminal cases; HB 1062 would allow a court to waive the two-year wrongful death statute of limitations in murder cases; HB 1077 creates special tool liens; HB 1578 amends state statute on GPS monitoring and restraining orders.

The full House met this afternoon and had multiple court and legal system-related bills to consider, including a measure on second reading calling for the election - rather than merit-selection and retention - of St. Joseph Superior judges. Indiana Lawyer's Statehouse Report has a rundown of relevant legislation and you can also read more coverage in the Feb. 18-March 3, 2009, issue of IL.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

ADVERTISEMENT