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Magistrate, expungement bills pass committee

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Legislation updating Indiana’s expungement law – including language specifying where a petition for expungement must be filed – is now eligible for consideration by the full House. The expungment bill is one of several that moved out of committee Thursday.

House Bill 1155 was prepared by the Criminal Law and Sentencing Policy Study Committee. It, among other things, grants a defense attorney and a probation department access to expunged records if authorized by court order. The legislation also clears up how to expunge an arrest. Under current law, there are two inconsistent procedures for expunging arrest records. The bill also prohibits a person from waiving the right to expungement as part of a plea agreement. Amendments to the law were approved by the Courts and Criminal Code Committee.

That committee also approved HB 1145, which allows the judge of the Vanderburgh Circuit Court to appoint a second full-time magistrate. The introduced version of this bill was prepared by the Commission on Courts.

Several pieces of legislation moved out of the Senate Judiciary Committee Thursday, including:

•    Senate Bill 27, which prohibits granting an adoption while certain appeals are pending. The introduced version of this bill was prepared by the Commission on Courts.

•    SB 56, which requires claims for payment from the Medical Malpractice Patient's Compensation Fund to be computed and paid every three months instead of every six months.  

•    SB 160, which provides that a new court with one or more new judges may not be established, and one or more new judges may not be added to an existing court, unless the establishment of the new court and the addition of the new judges to an existing court are authorized by state law.

The House Courts and Criminal Code Committee was assigned legislation this week regarding the St. Joseph Superior Court. HB 1298 changes the makeup of the St. Joseph Superior Court Judicial Nominating Commission and Commission on Judicial Qualifications by eliminating one of the three elected attorney members and all three of the appointed nonattorney members. Instead, the commission would consist of the judge of the St. Joseph Circuit Court, the judge of the St. Joseph Probate Court, the board president of the St. Joseph County commissioners, St. Joseph County sheriff, the mayor of South Bend, and the mayor of Mishawaka.

The bill also requires St. Joseph Superior judges to retire when they turn 75 years of age. It allows a judge of the court serving on June 30, 2014, who is 75 years of age, or a judge who will become 75 years of age before his or her  term expires, to continue to serve as judge of the court for the remainder of the term. The bill also requires only 40 percent of voters to be against retention to reject a judge as opposed to the current requirement of a majority vote.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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