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Legislature's end suspenseful for legal community

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As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.

In the end, lawmakers didn't act and the changes weren't adopted by the time they adjourned just before 1 a.m. Saturday. But how that process played out in the final days and hours is even more telling than the measures themselves and reflect what might happen in the future if the topics come up again.

Three days before the session ended, lawmakers resurrected House Enrolled Act 1491 that would not only have scrapped merit selection in favor of nonpartisan elections in St. Joseph Superior Courts, but also add a new panel to the Indiana Court of Appeals. The governor vetoed it last year with a strongly worded message supporting the current system that's been in place for more than three decades, and criticizing the merging of the two issues, which he believed should be considered separately.

In the final hours before the session ended, lawmakers still hadn't acted on it and weren't sure what the prospects were for possible consideration. The legislation's author, Rep. Craig Fry, D-Mishawka, was outside the state during the final week of the session and neither he nor House Speaker Rep. Pat Bauer, D-South Bend, returned messages from Indiana Lawyer about why HEA 1491 was resurrected. But it didn't get attention and was taken off the agenda at about 8 p.m. Friday, lost in the shuffle as lawmakers negotiated a session-ending deal involving unemployment insurance, jobs, and various financial issues.

As HEA 1491 faded, so did the prospects for Senate Bill 149 that would have repealed the Department of Child Services out-of-state placements statute change from last year - a revision that surprised and outraged juvenile judges and lawmakers for the most part because it came at the last-minute during special session conference committee talks. House Bill 1167 initially dealt with that issue and representatives approved it 93-4, but the measure died after failing to get a Senate Judiciary Committee hearing. The repeal was merged into SB 149 that included multiple DCS-related law changes, but some lawmakers opposed that move and it went to conference committee during the legislature's final week.

Attorney-lawmaker Sen. John Broden, D-South Bend, had originally signed on as a sponsor to HB 1167. He was disappointed it didn't get support in the end, but said he wasn't surprised because DCS had considered it a high priority to defeat the measure. Some last-minute negotiations were happening to keep it included, but those fell through and lawmakers had to eliminate the placement issue in order to get the broader SB 149 approved.

Three of the four final conference committee members - Rep. Dennis Avery, D-Evansville; Rep. Matt Bell, R-Avilla; and Sen. Connie Lawson, R-Danville - said the opposition was too strong to get the placement law changed. The fourth committee member, Sen. Tim Lanane, D-Anderson, couldn't be reached by Indiana Lawyer deadline.

Avery co-sponsored the amended SB 149 and said he worked on the conference committee for eight days to get it passed, but eventually let it die when it was clear the full bill wouldn't pass if the placements provision was included. Word was that the judiciary's chair Sen. Richard Bray, R-Martinsville, refused to hold a hearing and later opposed the amendment because it appeared to circumvent the committee process, Avery said. He also heard that the Senate leadership was supporting the administration and felt the placement revision was an attempt to embarrass the DCS and Director James Payne, a former juvenile judge.

Bell, one of the representatives who'd opposed the idea on the House floor, said he believes that juveniles shouldn't be sent outside Indiana because current service providers offer adequate and quality facilities that aren't fully used. He also noted that other measures in the legislation had been removed by the conference committee, including a provision that would have required DCS to adopt rules setting reimbursement rates for adoptive parents and service providers. This issue is currently the focus of an Indiana-based lawsuit in the 7th Circuit Court of Appeals, and Bell said some worried a law change now could impact that pending litigation.

Despite the lack of success relating to out-of-state placements this session, Broden on the Senate side doesn't think the issue is dead and he hope to bring it back in the future.

"As long as juvenile judges, who handle these placements first hand, have concerns, lawmakers will be knocking at the door on this issue," Broden said. "I think this will be an ongoing dispute we have to address."

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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