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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. "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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