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Legislature announces summer study committees

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The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.

The Commission on Courts will look at whether ALJs should be organized under one department within the Office of the Indiana Attorney General. The commission will look at the fiscal impact and logistics of implementing what is known as the “Texas model.”

Senate Enrolled Act 286 spelled out several areas that the Department of Child Services Interim Study Committee will take a look at this year, including progress and improvements made by the department since its creation in 2005. The committee will also look at how it’s determined whether a family or child is eligible for DCS services, critical problems within DCS, and the communication between family court and DCS to collaborate on families’ involvement in each entity.

The Commission on Mental Health and Addiction is also going to look at juvenile matters brought up in SEA 286. The commission will study whether prosecuting attorneys should be allowed to file a petition alleging a child is in need of services under Indiana Code 31-41-1-6. A Morgan County judge recently ruled in a CHINS case that DCS is correct that a prosecutor does not have statutory authority to file a CHINS petition. The Morgan County prosecutor met with DCS prior to filing the CHINS petition, but DCS did nothing until the prosecutor filed the CHINS 6 petition. DCS argued that only it had the authority to file CHINS petitions.  

Morgan Circuit Judge Matthew G. Hanson wrote in his May 15 order that it seemed like a “grave mistake” for the Legislature to previously remove prosecutors or anyone else from the ability to file these cases. Hanson wrote that the issue presented in this case cannot be left to die as it is one that is likely problematic throughout the state in regards to how DCS is refusing to handle mental health and disease cases as they should be.

The Criminal Law and Sentencing Policy Study Committee will examine the provisions of I.C. 24-4-18 regarding criminal history providers and the need for any legislation to amend that statute before it takes effect July 1, 2013. As of that date, a criminal history provider must update its records annually to remove inaccurate information and information that has been expunged, restricted or limited; and only disclose certain information relating to a conviction. House Enrolled Act 1033 makes it a Class B infraction for an employer to ask if a person’s criminal records have been sealed or restricted and sets out the method for a court to convert a Class D felony conviction to a Class A misdemeanor conviction.

The committee will also study the criteria necessary to require someone to register as a sex or violent offender, how long one should remain on the registry, and what constitutes relief when registration requirements have been fulfilled.

A complete list of the study committees and topics is available here.

 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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