ILNews

Lawmakers criticize traffic court fines

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

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. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

ADVERTISEMENT