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Marion County Small Claims bill may be headed for study committee

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Legislation that would require Marion County Small Claims judges to select among themselves an administrative judge to carry out the duties currently performed by the Marion Circuit judge passed the Senate Judiciary Committee Wednesday. The committee also is asking for a study committee to look at Small Claims court administration.

Senate Bill 366, authored by Sens. Scott Schneider and R. Michael Young, Republicans from Indianapolis, creates a small claims administrative judge position within the court. The administrative judge will have several duties, including adopting uniform rules for conducting the business of the Small Claims courts. The administrator will serve for a minimum term of 12 months.  

SB 366 also asks the Legislative Council to assign to the Commission on Courts or other study committee the tasks of studying small claims court administration, the distribution of judicial resources in small claims actions, and other related matters.

Marion County’s Small Claims courts have been under scrutiny for several years over practices perceived to favor heavy-volume debt collection filers, allegations of forum shopping, and other problems that have come to light.

Indiana Chief Justice Brent Dickson urged legislators to reform the courts in his State of the Judiciary Address earlier this month.

SB 366 also addresses garnishment, making changes to the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment to enforce the payment of judgments against the individual. Upon a showing of cause, the minimum garnishment could be as little as 10 percent of a person’s disposable earnings. I.C. 24-4.5-5-105 currently allows 25 percent of disposable earnings to be garnisheed to satisfy judgments.

The Senate Judiciary Committee also passed Senate Bill 109. The bill requires Indiana justices and judges on the Court of Appeals to retire at the age that judges of the Circuit and Superior courts are required to retire. Currently, justices and appeals judges are required to step down when they turn 75. Trial court judges have no mandatory retirement age.
 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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