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Lawmakers miss self-imposed deadline

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The Indiana General Assembly tried to end the session more than a week before the constitutional March 14 deadline, but impasses on school funding and unemployment insurance caused the legislators to miss their March 4 self-imposed deadline.

Several bills of interest to the legal community made it out of conference committee, a few with major changes. Legislators cut out the language in Senate Enrolled Act 307 that established Bartholomew Superior Court 3 and reorganized Clark Superior Courts into a unified Circuit Court. Instead, the bill reverted back to its original form of dealing only with Floyd County court matters.

House Enrolled Act 1276, which had been amended to require the Judicial Technology and Automation Committee to report divorce decree statistics each year, was completely stripped in conference committee and converted into a bill on French Lick resort matters. When originally filed, the bill dealt with domestic violence, bullying, and sending of sexual material, but was later amended to focus on the release of records, HIV testing, and JTAC matters.

SEA 224 was amended in conference committee to make the new filing and notice requirements for sex offenders effective upon passage instead of July 1, 2010. The bill was amended during the session to include language addressing the process of removing names of sex offenders from the registry if they qualify.

The Indiana Supreme Court's 2009 decision in Wallace v. State had caused confusion about the process. Now sex offenders will need to file a petition in court and request a court order for removal. The prosecutor will receive notice and have a chance to respond, and the offender would have to provide information to prove he or she is no longer eligible for listing on the registry. If the judge orders removal, the Department of Correction would have to grant it.

Senate Bill 399, which deals with caps on fines for moving violations, now says that a person who admits the violation on the day of the person's court date or who contests the ticket under certain circumstances may not be required to pay more than court costs plus a judgment of $35.50. The conference committee also resolved a conflict between its language and language in HEA 1154, a bill dealing with Marion County courts.

Language concerning Local Development Agreement transparency may not be dead yet. The language was originally inserted into SB 405, which died in the House. There is a chance the language will be inserted into HB 1086, an economic-development bill currently in conference committee, said Bryan Corbin, public information officer for the Attorney General's Office. The AG supports only this language in the bill, which would require non-profit and for-profit LDA agencies that receive casino money to disclose to the state how they distribute grant money. This language failed to pass during the 2009 session.

Two bills of relevance to the courts remained in conference committee as of Indiana Lawyer deadline Thursday - SB 149, involving Department of Child Services matters including out-of-state placements; and HB 1271, which deals with problem-solving courts.

Already before the governor awaiting signatures are HEA 1100, which prohibits an inmate in a county jail from having a cell phone; HEA 1186 on interlocal agreements concerning courts; and HEA 1350 on uniform acts concerning civil procedure.

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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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