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Power of attorney, Allen County magistrate bills ready for enrollment

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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.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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