ILNews

New legislation streaming in

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

ADVERTISEMENT