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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. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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