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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. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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