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Marion County Small Claims courts take small steps

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A report four months ago that proposed sweeping reform of the Marion County Small Claims courts has resulted in little change on key matters that instigated the review, but proposed rules aim to improve township courts and their practices.

The Report on the Marion County Small Claims Courts issued May 1 recommended two scenarios for structural reform of the courts: incorporating township small claims courts into the Marion Superior Court; or reforming them as township courts with full-time judges overseen by a small claims administrator.

small-claims09-15col.jpg Marion Circuit Judge Louis Rosenberg, right, and Indiana Court of Appeals Judge John Baker share a laugh Aug. 23 during an Indianapolis Bar Association panel discussion on proposed rules for the Marion County Small Claims courts. Comments will be accepted on the proposed rules through Sept. 30. (IL Photo/ Perry Reichanadter)

Either of those plans would require legislation in the General Assembly. So far there’s no sign that will happen, said Court of Appeals Judge John Baker, who with COA Senior Judge Betty Barteau drafted the report of the Small Claims Task Force that was sanctioned by the Supreme Court.

“We’re unaware of any effort to implement either of those changes, or something akin to that,” Baker said.

The task force took its charge after a Wall Street Journal report examined allegations of “forum shopping,” in which collections companies and creditors sue in venues deemed friendlier than others. In some cases, large filers came to dominate the township courts and were deemed as receiving special treatment.

Marion Circuit Judge Louis Rosenberg, who oversees the small claims courts, met with township judges numerous times to develop a uniform set of rules, a draft of which was presented at an Indianapolis Bar Association panel discussion on Aug. 23. Rosenberg acknowledged the rules didn’t address “forum shopping,” and Baker said they shouldn’t have.

“I’m not going to anticipate that Judge Rosenberg and the judges of the small claims court are going to be able to address something as sweeping as that,” Baker said in an interview. “If that ball is picked up, I anticipate that would be the Supreme Court’s rules committee.”

At the IndyBar panel discussion, attorney and Sen. Mike Young, R-Indianapolis, said recommendations for systemic reform went too far. He also said lawmakers would be reluctant to fight new local government battles. “They’re tired of dealing with these reforms, especially on the township level.”

Pike Township Small Claims Judge A. Douglas Stephens said the judges have done what they could to address concerns raised in the WSJ article, enacting many of the recommendations that Baker and Barteau said could be implemented regardless of whether the courts changed systemically. “One of the rules extends the time for the defendant to ask for a change of venue,” he said, from 10 to 20 days.

“I think that when a filer spends a lot of money in a specific court, it can lead to problems,” said Wayne Township Small Claims Judge Danny Vaughn. “I think each judge can combat that by dealing with each case individually and being as fair as they can. But inherent in the system there are some problems that need to be dealt with.”

Feeling heat

Rosenberg called the WSJ piece “the match that lit the fire” that resulted in Marion County’s nine township small claims court judges coming together to draft uniform rules.

“The small claims judges and I felt we needed to respond constructively,” Rosenberg said. “I would say from the outset there was acknowledgement there were deficiencies in the system.”

In addition to the extended time for change of venue requests, the most recent draft of the proposed small claims rules would:

• Require the courts to use the same forms;

• Clarify and make uniform the requirements for providing notice;

smallclaims_facts.jpg• Require courts to notify litigants of their rights at the start of each session;

• Make court facilities equally available to all persons having business with the court; and

• Prevent a judge from practicing before another small claims court judge.

“Some of the things that are going into the rules have been implemented, and this is kind of a loose codification of that,” said Perry Township Small Claims Judge Robert Spear.

Spear said he gives litigants instructions before each session, and they also receive a brochure that outlines rights and responsibilities. Decatur Township Small Claims Judge Myron Hockman does the same.

“I go into the courtroom and introduce myself and give them some of the basics of what to expect and what they can do and cannot do,” he said. “Court staff members also wear nameplates now, so they won’t be confused with large-filing litigants.”

Spear said the townships handled about 700,000 cases in the previous decade, yet only about 60 people complained during hearings on the courts that he attended. “The remedy for not liking the result of a case in small claims court is to come up with $129 and written notice of appeal and take it to superior court,” he said.

Hockman believes complaints about “forum shopping” are overblown. “I don’t have anybody in court that files in this court, that I’m aware of, that files just solely in this court,” he said. “I believe the small claims courts function very well.”

Professor Florence Roisman of the Indiana University Robert H. McKinney School of Law, an expert in housing law, sees it differently. She told the IndyBar panel that small claims court practices are “illegal in so many ways I can’t begin to cite them.”

Rosenberg said the work of the small claims judges to implement new rules to improve the system is important, and the judges have been proactive.

“Most people get their lasting impression of the judicial system from the small claims courts,” he said. “We need to do better.”

Small claims in federal court

Chicago attorney Daniel Edelman isn’t waiting for rule changes or court reform. He’s filed three class actions in U.S. District Court for the Southern District of Indiana and one in federal court in Chicago alleging that large filers in township small claims courts violate the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692i.

That section requires that legal actions by debt collectors be filed in the judicial district or legal entity in which a consumer signed a contract the he was sued on, or where the consumer lives.

The three cases filed in federal court in Indianapolis involve a plaintiff who lives in Hendricks County but was sued in Decatur Township; a Warren Township resident sued in Franklin Township; and a Lawrence Township resident sued in Decatur Township. In none of the cases did an event relevant to the claim occur in the township where the action was filed, Edelman said. He said the practice is common.

“It struck me as fairly abusive,” Edelman said. “There seems to be a lot of disregard of consumer rights.”

Representatives of defendants in those lawsuits declined to comment or did not return calls or emails seeking comment.

Jonathan Sturgill, president of the Indiana Creditors Bar Association, said its members follow Indiana Rules of Trial Procedure in filing civil suits. “Generally, these rules allow suits to be filed in the county where the defendant resides, or where the transaction took place,” Sturgill said in a statement.

Sturgill said ICBA members would welcome uniform rules across the township courts on matters such as continuances and default time periods.

“Many courts apply differing procedures which takes some astute management by the practitioner if they are practicing in a multitude of courts,” he said.•

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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