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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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