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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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