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Legislators taking time to investigate

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At one point, Sen. Travis Holdman wondered what else could go wrong.

The Markle Republican had been assigned as co-chair of the Department of Child Services Interim Study Committee in the Indiana General Assembly. With 11 years of experience in child protective services, Holdman had asked Senate President Pro Tem David Long, R-Fort Wayne, to be appointed to the committee.

Holdman had knowledge of the state agency and an interest in children’s issues. However, in the summer and fall of 2012, outrage was growing over some of the practices of the DCS, especially in regard to its centralized hotline.

The committee first met on Aug. 22, 2012, and in five subsequent meetings spent hours listening to testimony and reviewing DCS policies. Stamping out political fires and corralling the intense media scrutiny were among the challenges Holdman faced.

Unforeseen events brought new interruptions and distractions.

About a month after the committee started, DCS Director James Payne resigned under fire for intervening in a case that involved his family. Then the committee’s other co-chair, Rep. Cindy Noe, R-Indianapolis, lost her legislative seat in a hotly contested election.

That’s when Holdman asked, “What else can go wrong with this committee from an administrative standpoint?”

Rep. Kevin Mahan, R-Hartford City, was named co-chair and Rep. Rebecca Kubacki, R-Syracuse, who was appointed to fill Noe’s seat, became a committee member. Kubacki was familiar with the committee’s work having attended some of the meetings, but she still had to spend hours going over the details with Holdman.

The DCS Interim Study Committee held its last meeting Nov. 27. At Holdman’s request, the committee had been granted special permission to continue its work and file its final report after the Nov. 1 deadline.

While the DCS Interim Study Committee faced uncommon circumstances, the work that it did is not unusual. The study committees that are formed by the Legislative Council and meet when the Legislature is out of session are seen as a key component of the lawmaking process. Advocates say through the interim groups legislators have time to investigate issues and solicit the views from experts in a given field.

“I think they’re essential,” said Rep. Greg Steuerwald, R-Danville, pointing out that certain issues cannot be dealt with adequately during a session. “If the summer study committee is focused and does its job, we produce some very good legislation.”

Messy, thoughtful process

The Legislative Council is scheduled to meet May 23 at the Statehouse to determine the interim committees and the topics to be reviewed. From there, senators and representatives will be assigned to the different groups.

Oftentimes, topics are routed to interim committees for a full vetting. Other times, issues are given to study groups as a way to buy time while public opinion catches up or as a way to bury an issue that is not thought to be good public policy.

Pointing to the number of bills that get filed – more than 2,000 in 2013 – John Ketzenberger, president of the Indiana Fiscal Policy Institute, said tackling issues and giving them a thoughtful examination is difficult during a regular session, especially in a part-time Legislature.

Many of the bills never get a hearing. Those that do get attention will be squeezed onto a standing committee’s loaded agenda. Not surprising, these committees have little time, if any, to hear multiple people testify and review piles of documents.

As executive director of the ARC of Indiana, an agency for people with developmental disabilities, John Dickerson has testified before interim study committees and watched the groups craft legislation. The interim format gives citizens and interested parties the opportunity to speak to the committee and build relationships with legislators.

Hearing many individuals discuss complex issues can make the interim committee process messy. Interested parties that testify may not get what they want or the committee may not propose any legislation.

Still, Dickerson sees value in holding interim studies.

“It is not always clear, it is not always clean, but it is the best way out there,” he said. “I think it is good democracy. It allows for people to study the issue and move it forward.”

Rep. Charlie Brown, D-Gary, agreed that interim committees provide a forum for thoroughly vetting a subject, but he believes the structure of these committees could be improved.

Namely, Brown has been pushing for the interim committees to be populated with the members of standing committees that are studying similar topics. Instead of randomly selecting legislators to investigate subjects they may not be familiar with, he said, the leadership should assign the senators and representatives who work with comparable issues during the session.

Consequently, when the legislative session opens, bills coming from the interim committees would be able to progress more quickly to the floor, he said. Currently, the General Assembly experiences a lull of one or two weeks at the start of each session while the House of Representatives and Senate wait for the standing committees to crank out the bills.

“I think it is a good process, but there is a better process,” Brown said of interim committees. “If we’re going to do this during the summer, the issues should be assigned to standing committees instead of selecting individuals.”

In the Legislature

The DCS Interim Study Committee recommended a handful of bills, the most significant of which was the establishment of the Commission on Improving the Status of Children.

To shepherd the proposed legislation through the General Assembly, four members from the interim committee – Holdman, Mahan, Kubacki, and Indiana Justice Loretta Rush – along with John Ryan, who served as interim director of DCS after Payne resigned, met every Tuesday morning.

The individuals convened to ensure that nothing fell through the cracks, Holdman said. They made sure they were saying the same thing and getting the facts straight so they could quickly dispel any rumors.

Bills coming from an interim committee generally carry more weight among the legislators because these measures are perceived as having been mindfully studied. When colleagues had questions about proposals from the DCS interim committee, Holdman was able to refer to discussions among the committee members and how a consensus was achieved.

One significant bill that came from an interim committee is headed back for additional work. The overhaul of the state’s criminal code, House Enrolled Act 1006, was the product of the Criminal Code Evaluation Commission and passed through the Legislature in the 2013 session.

Although the measure prevailed in the Statehouse and was signed by Gov. Mike Pence, the legislation will be taken up by an interim committee this summer. Namely, the committee will be charged with reviewing sentencing issues and taking a closer look at the costs of alternative probation programs.

Steuerwald, author of HEA 1006, called the CCEC the best study committee on which he has ever served. Members spent thousands of hours reviewing the state’s criminal code line by line and drawing insight from a broad cross-section of experts including prosecutors, public defenders and probation officers.

The members of the CCEC knew they were there to get a job done. “It was a good effort,” Steuerwald said, “and (HEA) 1006 is a really good bill.”•

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New laws

Here is a snapshot of some of the bills that Indiana Lawyer covered during the 2013 legislative session that have been signed into law.

Senate Enrolled Act 125: establishes child fatality review committee and Commission on Improving the Status of Children in Indiana

SEA 164: allows a prosecuting attorney to request a juvenile court to authorize the filing of a petition alleging that a child is a child in need of services

SEA 224: describes the duties of delegates and alternate delegates to a convention called under Article V of the United States Constitution

SEA 225: provides for the appointment of delegates and alternate delegates by the General Assembly to a convention called under Article V of the U.S. Constitution

HEA 1006: overhauls Indiana’s criminal code

HEA 1016: provides additional circumstances under which a person can participate in a problem-solving court program

HEA 1054: provides that the Indiana Secretary of State may refuse to accept certain filings or records. Bill targets “sovereign citizens” who have been filing fraudulent Uniform Commercial Code financial statements against civic leaders and using SOS documents in fraudulent real estate transactions.

HEA 1320: specifies after June 30, 2014, the pecuniary liability for workers’ compensation and occupational diseases compensation payments to a medical service facility

HEA 1482: provides that a court shall expunge records concerning misdemeanor convictions and minor Class D felony convictions under certain circumstances and that a court may expunge records concerning more serious felony convictions

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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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