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Shutdown wouldn't cripple legal system

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As the clock ticked closer to a partial shutdown of state government, the Hoosier legal community received word this afternoon from the Indiana Supreme Court that trial courts should conduct business as usual and that the state's legal system would continue as much as possible if lawmakers fail to pass a budget by deadline.

The consensus from most was that lawmakers would meet the midnight deadline, but questions remained about where state-funded judges, magistrates, and lawyers fit into the "essential services" puzzle being contemplated by state leaders in case of a shutdown.

Trial court employees and those within prosecutors' and defense offices are county-funded, meaning there'd be no impact on those workers. But judges and magistrates receive their salaries from the state, as do prosecutors and chief deputy prosecutors at the trial level. In addition to the state's highest appellate courts and those related agencies, the Indiana Public Defender's Office and Indiana Public Defender Council would also be impacted and put on furlough without an operating budget.

In an early afternoon e-mail, Gov. Mitch Daniels told executive branch employees that they'd be furloughed without a budget and they wouldn't be able to volunteer their time. They were told to watch news reports throughout the day and evening.

Before 3 p.m., judges statewide heard from Indiana Chief Justice Randall T. Shepard, who notified them by e-mail that a budget was close but not final, and if it didn't pass then trial court judges should report as usual to be available for police, prosecutors, and court business in general.

In his e-mail, the chief justice wrote, "There can be little doubt that just as public safety requires the continuation of state law enforcement and corrections activities it likewise relies on the availability of Indiana's trial courts for search warrants, arraignments and bail, protective orders, child support, and a host of other needs. We therefore ask that you be at your post tomorrow, as we will.

"In the event that there is not a budget, of course, the appellate courts and the support structure for the judicial branch will need to shut down, save for certain emergency functions, beginning tomorrow. Detailed decisions about those closings and furloughs will be made tomorrow morning should that be necessary."

While their actions depend on what the Supreme Court says, several judges throughout Indiana said they planned to keep their courts open.

"Regardless of what happens, I intend to be here on Wednesday and I'd urge my colleagues throughout the state to do the same," said Lake Superior Judge John Pera. "We've all taken an oath that transcends any temporary budget issues that might put our pay in jeopardy, so as far as pay we'll let those chips will fall where they may. But we've all got full dockets, people incarcerated who need hearings, ordinary people with traffic tickets that need attention. ... I just can't see how a shutdown of the judicial system would help anyone."

Judge Pera remained optimistic from news stories online that lawmakers would be able to reach a budget deal by tonight.

Passing a budget is the General Assembly's only constitutionally established duty, and it's something they failed to do before the regular session ended in April. A 1993 special session came close to a shutdown, but that was avoided at the last minute and Indiana continued to avoid something that hasn't happened in more than a century.

Stephen Johnson, executive director of the Indiana Prosecuting Attorneys Council, said prosecutors throughout the state have been asking for guidance and he's been telling them that courts would likely continue to operate in the event of a government shutdown.

"As a matter of law, I don't see how the courts could be shut down," he said, citing constitutional requirements that mandate anyone arrested must appear before a judge within 24 to 48 hours. "At least there would have to be some people in the courts and prosecutor's office that would keep the cases flowing because arrests are going to be made regardless.

"Still, if there are non-openings, that could mess up many court calendars across the state," he said.

At the Indiana Public Defender Council, Paula Sites, assistant executive director, said the office had received word that, in the event of a shutdown, they would be furloughed along with any assistance provided to county public defenders. But she said that even as state employees, she and her staff would likely remain at work doing what needs to be done.

Spokesman Bryan Corbin for the Indiana Attorney General's Office said the state agency has an obligation to represent clients in court whether the state offices are open or not.

"Accordingly, deputy attorneys general will continue to zealously represent our clients even if a state budget isn't passed by Tuesday's deadline. Our work doesn't cease," Corbin wrote in an e-mail to Indiana Lawyer.

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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