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Legislation impacting judiciary awaiting final approval

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Several bills that may alter the look of the Indiana judiciary await final approval during the waning days of the 2011 legislative session.

Senate Bill 463 removes the mandatory retirement age for trial court judges in Indiana. Current state statute calls for Superior court judges to be less than 70 years old when taking office or, in some cases, to retire by the age of 75. If SB 463 becomes law, statutory provisions requiring mandatory retirement from the bench for Superior court judges would be removed.

The bill also provides for the creation of a fourth Superior court in Johnson County. The judge presiding over this court would be elected during the November 2014 general election, with the court beginning operation in January 2015.

SB 463 gained approval of both the Senate and House of Representatives, and it has been returned to the Senate for concurrence with House amendments. The Senate dissented from the House amendments, so the legislation went in to conference committee Tuesday.

House Bill 1266 has also been approved by both legislative chambers, and it awaits concurrence by House members of amendments made in the Senate.

HB 1266 establishes unified Circuit courts in Clark, Madison, and Henry counties. Following the merger of the Circuit and Superior courts in those counties, the unified Circuit Court of Clark County would have four judges effective Jan. 1, 2012; the unified Circuit Court of Madison County would have six judges effective July 1, 2011; and the unified Circuit Court of Henry County would have three judges effective July 1, 2011.

The bill also makes changes to the method used to elect and retain Superior Court County Division judges in Lake County, moving all Superior judges in the county to the merit-selection process.

Current law provides that the four judges of the Lake Superior County Division are elected by voters every six years. HB 1266 provides that those judges be nominated by the Lake County Superior Court Judicial Nominating Commission and appointed by the governor. Judges would be subject every six years to a retention vote by the Lake County electorate, as are the other Civil and Criminal Superior judges in the county.

In addition, HB 1266 calls for all Circuit, Superior, and Probate courts to have: (1) original and concurrent jurisdiction in all civil and criminal cases; (2) de novo appellate jurisdiction of appeals from city and town courts; and (3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts. It also prolongs the expiration date of the Indiana Commission on Courts to June 30, 2015.

While it appeared that the automated record-keeping fee that is used to fund Indiana’s statewide case management system was going to be cut this year rather than increased as initially requested in legislation supported by the state’s Judicial Technology and Automation Committee, a provision to keep the status quo has been inserted into the proposed state budget.

The proposed budget calls for the fee to remain at the current level of $7 for another two years, then decrease to $4 after June 30, 2013. Without legislative action this year, the fee would expire July 1. The proposed budget also calls for the public defense administration fee to be increased from $3 to $5 effective July 1.
 

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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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