ILNews

Power of attorney, Allen County magistrate bills ready for enrollment

Back to TopCommentsE-mailPrintBookmark and Share

Legislation that deals with power of attorney and that would give Allen Circuit Court a second full-time magistrate have made it through both houses of the Indiana Legislature.

Senate Bill 157 will allow for copies of a power of attorney to have the same force and effect as the original as long as the person granting the power of attorney certifies that the copy is correct and true. The bill also asks the Legislative Council to take a look at issues related to POA during the 2012 legislative interim. SB 152 allows for the Allen Circuit judge to appoint a second full-time magistrate beginning July 1, 2013. The bill repeals the judge’s authority to appoint a hearing officer who has the powers of a magistrate.

SB 97, which looks to narrow the scope of Indiana’s public intoxication law, is being considered by a conference committee. The bill will address the issues that arose in Moore v. State, in which the Indiana Supreme court reinstated the public intoxication conviction of a woman who was riding in her car that was being driven by a sober driver. The car was pulled over and police discovered the driver didn’t have a valid license. When Brenda Moore couldn’t drive the car because of her state of intoxication, police arrested her for public intoxication.

The legislation says that someone can’t be convicted of public intoxication unless the person endangers his or her own life, someone else’s life, or is likely to disturb the peace, create a disturbance, or harass someone else.

Another bill inspired by a Supreme Court ruling – Barnes v. State – has passed third reading in the House and has been sent back to the Senate with amendments. SB 1 specifies that a person may use reasonable force against any other person – including law enforcement – in certain circumstances.

SB 235, which would add a fee to address declining IOTLA funds, has stalled in the House Ways and Means Committee, but language was added to House Bill 1049 creating a $1 pro bono legal fee before July 1, 2020, that would go to the Indiana Bar Foundation. That bill, which also addresses courts, the inspector general and protection orders, is back in the House for consideration.

Legislation that would phase out Indiana’s inheritance tax, SB 293, has passed the House and been sent back to the Senate with amendments. SB 18, which dictates that a parent no longer has to provide child support after a child turns 19, is also back in the Senate with amendments.

Thus far, Gov. Mitch Daniels has received 26 enrolled acts this session and signed 18. To view the status of these or any other bills, visit the General Assembly’s bill watch page.
 

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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

ADVERTISEMENT