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. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

ADVERTISEMENT