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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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