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Lawmakers criticize traffic court fines

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A legislative committee this week unanimously approved a bill that would cap the fines a court could assess for traffic violations. In doing so, several lawmakers expressed outrage and urged the Indiana Supreme Court to investigate fining practices of a Marion County traffic court judge that have led to a federal lawsuit.

But an even broader issue raised by Senate Bill 399 is how the state's trial courts are funded, a topic that ties two other pieces of legislation to the same debate playing out before the Indiana General Assembly this session. Questions have arisen in various committee meetings about the practice of court judgments being directly tied to revenue brought in from infractions, and whether that interferes with the judiciary's role in providing litigants a fair day in court.

On one hand, SB 399 would apply to the roughly 130 Class C infractions statewide. Fines would be capped; however, the fines could be increased within the cap if a person challenged previous tickets unsuccessfully. During the House Courts and Criminal Code Committee meeting Wednesday, members expressed their concern about the policy in Marion Superior Judge William E. Young's courtroom. Committee chair Matt Pierce, D-Indianapolis, said he would write a letter to Chief Justice Randall T. Shepard asking for an investigation.

This legislation came from Sen. Mike Young, R-Indianapolis, who filed it specifically on the heels of a December class-action lawsuit challenging the fines being imposed by Judge Young, who's presided over the county's traffic court in Marion Criminal 13 since January 2009. Plaintiffs allege they were penalized for simply taking their cases before the judge, with total costs running more than three times what it would have cost them to accept and pay the citation. The case is Toshiano Ishii, Matthew Stone, and Adam Lenkowsky v. Marion County Superior Court No. 13, The Hon. William E. Young, and the City of Indianapolis, No. 1:09-CV-1509.

Indianapolis attorney Paul Ogden, the attorney in the federal case, attended the hearing and said he was impressed at the legislators' reactions to what was happening in the traffic court. "They were very angry and upset about what's going on," he said. "We expect this to pass the House ... the only possible hitch might be if the House decides it does have a fiscal impact and sends it back to the Ways and Means Committee after the deadline has passed. That could mistakenly kill the bill."

While Young's bill involving the traffic court weaves through the process, lawmakers are also considering two other bills that tie into that issue - HB 1154 that would impose a minimum $35 fee on traffic infractions to pay for the conversion of Marion County commissioners to magistrates; and SB 307 that would allow a $50 fee on Bartholomew County traffic infractions to pay for a new Superior Court there.

The Senate Appropriations Committee today passed the magistrates bill, while the House Judiciary earlier in the week unanimously approved the Bartholomew County bill and forwarded it to the full House for consideration.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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