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Magistrate, attorney general bills become law

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Magistrates can now be certified as senior judges, and the parents who don't pay ordered child support but gamble at casinos can have their winnings withheld. Those are just two of the many bills Gov. Mitch Daniels has signed into law.

The Indiana General Assembly ended its 2010 session March 13, with the fate of the surviving bills in the hands of the governor. As of Indiana Lawyer deadline, Gov. Daniels had 98 bills before him and signed into law March 12 many of interest to the legal community including:

- Senate Enrolled Act 36 allowing magistrates who meet certain criteria to be certified as senior judges;

- SEA 65 on guardianships, estate administration, trust matters, and wills;

- SEA 394 that allows the attorney general to intervene in a declaratory judgment action which alleges a statute or ordinance to be unconstitutional, and to file a friend-of-the court brief without leave of the court; and

- House Enrolled Act 1350, which enacts the Uniform Interstate Depositions and Discovery Act.

On March 17, the governor signed SEA 163, a child support bill that includes a provision garnishing casino winnings of parents who owe child support.

Also signed Wednesday were HEA 1044 regarding clerk liability; HEA 1062 enacting the Uniform Enforcement of Foreign Judgments Act; HEA 1154 about Marion County courts; and HEA 1193, which creates the law enforcement, school policing and youth work group.

The governor signed SEA 307 regarding Floyd County courts and HEA 1234 addressing criminal procedures and controlled substances Thursday. Many bills have yet to reach the governor's desk for signature, including HEA 1271 on problem-solving courts and SEA 224, which details how registered sex and violent offenders can have their names removed from the registry if they meet certain requirements.

One piece of legislation the governor won't see is Senate Bill 149, which dealt with Department of Child Services matters. The bill died in conference committee because the language would have reverted back to allowing the courts to decide whether to send juveniles to out-of-state placements. Last-minute revisions at the end of the 2009 special session allowed for DCS to make that decision. Rep. Dennis Avery, D-Evansville, said he heard Senate leadership was supporting the administration and felt the placement revision was an attempt to embarrass the DCS and Director James Payne.

Many enrolled acts have yet to reach the governor's desk for signature or have signing deadlines past IL deadline. The governor has seven days to sign legislation once he receives it. If he chooses not to sign it, it becomes law on the eighth day unless he vetoes it. Visit the governor's Web site to the check the status of bills awaiting his signature.

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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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