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Lawmakers resume debate on issues impacting state courts

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Both federal and state lawmakers seem to be letting the clock tick down to the final seconds.

The U.S. Congress averted a government shutdown by reaching a budget deal in the final hour before its April 9 deadline, preventing some of the uncertainty that was on tap for the Hoosier legal community. Though the federal courts would have been able to continue funding temporarily for at least two weeks by using non-appropriated fees, as an exercise of its judicial authority, a shutdown could have delayed the start of the newest federal magistrate and the U.S. attorney’s offices may have had to halt civil litigation and related tasks.

While none of that played out because of the congressional deal funding the government for another six months, the situation sets the stage for what happens as state lawmakers wind down their final weeks of the legislative session before April 29 where a priority is setting a two-year budget and passing numerous bills that could impact the Indiana judiciary and legal community. If lawmakers hit the same kind of impasse that Congress did, they’d be pulled back for special sessions until they could agree on a spending plan that would go into effect July 1.

Four of the Indiana Supreme Court justices testified before the Senate Appropriations Committee in late March and talked to lawmakers specifically about the need for an appellate case management system, more funding for public defense, and continued fairness in how judicial officers and prosecutors are paid throughout the state. Justices Steven David, Brent Dickson, Robert Rucker, and Frank Sullivan made statements and answered questions from lawmakers, following up on a budget proposal submitted to the state budget director in October.

No committee decisions were made, but the justices offered sympathy for the state’s tough fiscal situation. They gave an overview of the court’s operations and areas that need legislative attention, according to court public information officer Kathryn Dolan.

Justice Sullivan told lawmakers that the judiciary’s portion is only about 1 percent of the state’s total $14.1 billion budget per year, and that the court has mostly straight-lined its monetary requests from the current two-year budget. Specifically, the justices mentioned the need for a new appellate case management system, increased funding for Indiana public defenders, and asked for lawmakers to respect the current model for how judicial officers and prosecutors are paid.

Concerning the appellate CMS, Justice Sullivan told lawmakers that paying for that new system requires about $3 million in new funding for the two-year period – with that breaking down to about $1.9 million the first year and $1.1 the second year. The courts can expect to save costs needed for personnel in the clerk’s office in the future as a result of the new system, Justice Sullivan said.

On salaries that account for about $97 million in the state budget, Justice David told lawmakers how the Ways and Means Committee budget prohibits judges, prosecutors, state-funded magistrates, and deputy prosecutors from receiving any pay adjustments for two years regardless of whether state employees get an increase – a move that specifically reverses a 2005 statutory change that tied trial judge compensation to that of state workers.

“We seek no special treatment for the men and women who serve as judicial officers and prosecutors across this great state and who administer the people’s business in the local courthouses,” he said. “We only ask that they be treated in the upcoming biennium in the same way that the Legislature and governor intended and agreed that they would be treated in the 2005 legislation.”

Justice Rucker testified about the public defense funding, which accounts for about $13 million currently. In the budget proposal submitted last fall, the court asked for a $3.15 million annual increase in public defense funding because of five additional counties – Delaware, Hamilton, Huntington, Lawrence, and Marshall – that will qualify for reimbursement at the start of the next biennium.  The state reimburses some of the defense costs for counties meeting certain standards, and the court says the general fund appropriation needed is $16 million rather than $12.85 million included in the budget passed by the House Ways and Means Committee.

The justices’ testimony came just as a 35-day walkout by Indiana House Democrats ended, leaving five weeks for lawmakers to not only craft a budget but also address legislative redistricting and hundreds of other pending bills. The five-week delay pushed committee meetings back, jeopardizing some bills that might have moved through the process smoothly if they’d had enough time.

Bar association leaders and those with organizations like the Indiana Trial Lawyers Association and Defense Trial Counsel of Indiana have been anxiously watching the Statehouse this session, largely on budget cost-cutting measures but more generally on those issues that might affect lawyers and judges statewide. Most say that last-minute surprises relating to legal services taxes or fees is a lingering concern at the moment – something that happened two years ago and caused lawyers, lawmakers, and judges to express surprise and frustration.

The St. Joseph County Bar Association has been watching those issues but has also been focusing on a topic that has been long-debated and came to a head about two years ago – judicial selection. The General Assembly in 2009 passed House Enrolled Act 1491, scrapping the St. Joseph Superior Court’s merit system for elections. The county is one of two in the state allowing this system at the Superior Court level, though the state’s appellate judges are also chosen this way. But the governor vetoed that legislation and voiced his support for the system overall, calming some fears that a push to scrap merit selection at all levels statewide might be successful.

“Earlier in the year, we were watching for proposals related to changing the superior court judicial selection,” said South Bend attorney Joe Fullenkamp, president-elect of the county bar association. “The fact that the Wisconsin Supreme Court election became a political referendum on the governor’s public employee union issue just highlighted the impact that politics have on the independence of a judiciary that runs for popular election. This session, the merit selection/retention issue did not arise again for our county.”

It did surface in Lake County, where efforts continued to make the Superior Court’s four county divisions merit-based rather than elected positions. A bill has passed the Senate in recent weeks and has moved on to the House side for consideration.

The Indiana attorney general’s office is also focusing on several bills that have statewide impact and have led to lawsuits in recent years – the civil forfeiture process that’s been under scrutiny and led to a statewide class action lawsuit; transparency in how gaming revenue is used for local economic development; and how state lawmakers calculate the school funding formula across the board.

The Indiana State Bar Association has been pushing not only for that judicial election change, but also a land use zoning bill and comprehensive probate legislation that’s working its way through committee, as well as bills focused on guardianship and phasing out the inheritance tax.

“Honestly, our fingers are crossed but I think all our legislation is going to make it this year, even with the walk out,” said ISBA legislative counsel Paje Felts. “It was a long five weeks but in the end, somehow, I think we will be unscathed. But you never know what can happen at the last minute.”•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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