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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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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