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Lawmakers vote on COA panel, Lake County fee

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Both houses of the Indiana General Assembly took action on court-related legislation Thursday.

The Senate moved forward with Senate Bill 35, authored by Sen. Richard Bray, R-Martinsville, that would create a sixth Indiana Court of Appeals panel. No amendments were offered on the second reading Thursday, and it's expected to get a final third reading for adoption next week. If approved, this would be the first expansion since 1991 and would bump the number of intermediate appellate judges from 15 to 18 starting in January 2010.

Despite doubt that the bill would get enough support this session because of tough economic times and difficult budget balancing, the legislation that carries an estimated price tag of $1.3 in its first year and $2.2 million afterward is moving swiftly so far. SB 35 received unanimous consent from both the Senate's judiciary and appropriations committees.

If approved by the full Senate before its deadline to do so next week, the bill would move to the House of Representatives for consideration before the session concludes in late April.

Meanwhile, the House passed a bill that would add a $10 fee onto Lake County court cases to pay for the eventual construction of a centralized judicial center.

Lawmakers voted 53-41 in favor of House Bill 1435, authored by Rep. Linda Lawson, D-Hammond, which would establish a fund aimed at financing, constructing, and equipping a new facility in or near Crown Point. The fund for a consolidated judicial center comes on the heels of a 2007 study recommending many ways that the local government could be more efficient, including the idea of centralizing into one location.

If enacted, a $10 fee would be charged on any civil filing in Lake's Circuit or Superior courts, and in criminal cases where someone is convicted of an offense, required to pay a pretrial diversion fee, or found to have committed an infraction or ordinance violation.

With more than 100,000 cases filed in Lake County, this $10 fee could bring in an estimated $800,000 a year.

Rep. Charlie Brown, D-Gary, objected to the bill and said a centralized judicial center would disenfranchise residents far from Crown Point, particularly lower-income residents without adequate transportation options. Lawson told him that the city courts in Gary and Hammond would remain open, but Brown wasn't satisfied and voted against the proposal.

The measure now moves to the Senate for consideration.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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