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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. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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