ILNews

Ruling: Magistrate improperly heard support case assigned to special judge

Dave Stafford
September 30, 2013
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A father whose lawyer was surprised to see a magistrate presiding at his child support modification hearing that had been docketed with a special judge won a new hearing from the Indiana Court of Appeals on Monday.

In William A. Asher v. Stephanie J. Coomler 49A04-1302-DR-71, William Asher was ordered to pay 78 percent of the educational expenses for his daughter after Magistrate Kimberly Mattingly conducted a hearing in Marion Superior Court. Asher’s attorney had objected to Mattingly presiding. Special Judge S.K. Reid had been selected to hear the matter under Trial Rule 79 after Asher had moved for a special judge.
 
 “By the express terms of T.R. 79(I)(2)(a), only a judge pro tempore, temporary judge, a senior judge appointed by Judge Reid could preside under such circumstances. Further, T.R. 79(I)(2)(b) is inapplicable since Judge Reid was the regular judge of Civil Division 14 at the time of hearing. Because a magistrate is not within the class of judicial officers specified in T.R. 79(I)(2), Magistrate Mattingly could not preside at the hearing,” Judge Patricia Riley wrote for the panel that included Judge James Kirsch and Chief Judge Margret Robb.

“Because Father objected to Magistrate Mattingly presiding over the case at the first hearing, no further objections were required,” Riley wrote. “Therefore, the Order is without legal effect. … Accordingly, we reverse and remand with instructions to the trial court to permit the parties to select a successor special judge in accordance with the procedures specified in T.R. 79(I)(1).”

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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