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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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