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New legislation streaming in

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An Indiana Court of Appeals expansion, executing the mentally ill, and how judges find representation in mandate litigation are just a few proposals already on tap for the General Assembly to consider this session.

The day before lawmakers are set to return to Indianapolis and begin the long budget-setting session, more than 100 separate pieces of legislation have been filed and many have direct impact on the legal community.

• New district: On a recommendation from the Commission on Courts, Senate Bill 35 proposes establishing a new sixth district for Indiana's intermediate appellate court, bumping up the number of judges from 15 to 18 starting in January 2010. This would be the first new district since 1991, and would include a judge from each of the court's original three districts.

The legislation declares this an emergency act, noting a price tag of $1.3 million in the first year and $2.2 in the following two years - complete with an array of jurists, law clerks, and administrative staff that would be needed. If passed, the Judicial Nominating Commission would have to interview and recommend three candidates by November, and the governor would have the final say on who'd be appointed to the new panel.

• Mandate: Sen. Phil Boots, R-Crawfordsville, proposed Senate Bill 44 that deals with judicial mandate representation, a direct result of mandate cases the Indiana Supreme Court has ruled on in recent years and discussions this past summer about how cash-strapped communities can ill afford those legal costs. The bill would require the Indiana Attorney General to represent any court that has issued a mandate for funds for court operation or court-related functions, and the state would not be allowed to reimburse a judge for any costs related to hiring a private attorney on mandate actions.

• Death penalty: Senate Bill 22 prohibits the death penalty from being issued to anyone with a severe mental illness, and sets up a procedure to determine whether a murder defendant can be classified that way. This legislation is similar to measures proposed in the past, and comes in the wake of suggestions from a commission created in honor of the late Sen. Anita Bowser, who died in 2007 and was an advocate of death penalty legislation.

• Grandparent visitation: Senate Bill 26, authored by Sen. John Waterman, R-Shelburn, provides that a child's grandparent can seek visitation rights when a parent or guardian unreasonably denies or restricts visitation. The proposal eliminates current conditions for which grandparents can seek visitation rights.

A complete rundown of active legislation can be found online.

Aside from those issues, the General Assembly will likely spend most of its time focusing on the state's two-year budget and dealing with money issues stemming from previously passed property tax laws. Local government reform, including court changes, is expected to be a significant topic of discussion, though observers wonder how much may actually pass given the financial focus.

The Senate can file bills through Jan. 15, while the House of Representatives has until the end of January. Lawmakers have until April 29 for any action this session.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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