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Man accused of violating city ordinances entitled to jury trial

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Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.

The city of Indianapolis filed a civil complaint against Robert Gates alleging he violated three ordinances for allowing his dog to defecate on a public street without cleaning it up, hitting his dog multiple times, and for not having permanent identification or proof of rabies vaccination for the dog. Gates filed a demand for a jury trial, which the trial court denied.

In Robert M. Gates v. City of Indianapolis, 49A04-1210-OV-503, the Court of Appeals relied on Cunningham v. State, 835 N.E.2d 1075, 1076 (Ind. Ct. App. 2005), and Midwest Security Life Insurance Co. v. Stroup, 730 N.E.2d 163, 169-70 (Ind. 2000), to find that Gates is entitled to a jury trial under Article I, Section 20 of the state Constitution.

The COA had to determine whether the cause of action at issue is equitable or legal in nature, as those terms were used in 1852 under Indiana Trial Rule 38(A), as explained by Justice Theodore Boehm in Midwest, since the ordinances at issue did not exist prior to 1852.  

The Supreme Court has held that the violation of city ordinances is of a quasi-criminal nature. Judge Edward Najam wrote that the violations at issue here are also quasi-criminal because they are enforced by the city’s Department of Public Safety, complaints are initiated and litigated by a prosecuting attorney on behalf of the city, and violators are fined by the government. The judges agreed with Gates that the mandatory fines imposed in this case are like claims for money damages, which were “exclusively legal actions in 1852.”

The COA ordered the trial court to grant Gates’ jury trial request.

 

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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