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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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