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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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