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Marion County small claims under review

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A two-judge task force looking into the operation of Marion County’s small claims courts has listened to complaints from the public about inconvenience and confusion with the current system and will consider if any changes are needed.

The feedback makes clear that some people who’ve been before the courts as litigants believe the system is broken.

Public testimony was taken at hearings held Feb. 22 in Perry Township, Feb. 29 in Pike Township, and March 7 in the Marion Circuit Court, where people talked about their experiences in the nine township courts. They said it was difficult to determine who were court employees and who were attorneys for the debt-collection agencies or creditors. Litigants explained they felt harassed or forced to talk with plaintiff attorneys rather than a judge, and that any effort to argue their side would lead to a loss in court or a greater monetary judgment against them. Many people didn’t understand why their case was sent to a small claims court away from the township they resided, saying it would make more sense to have a case filed closer to where they live.

The small claims courts are being put under the microscope following critical news articles in the national media last year suggesting Marion County litigants may not receive the same access to justice in each small claims court or as parties have in other Indiana jurisdictions. The Indiana Supreme Court announced in February that Judge John Baker and Senior Judge Betty Barteau from the Court of Appeals, both with experience at the small claims level, would host the hearings to get feedback about the system and then examine the court structure and operations.

At the hearing held in Judge Doug Stephens’ Pike Township courtroom, about 60 people attended and a dozen spoke about their experiences in small claims courts throughout the county.

john baker Senior Judge Betty Barteau and Judge John Baker, both from the Indiana Court of Appeals, led a task force studying the Marion County Small Claims system. They conducted three hearings to get public feedback. (IL Photo/ Perry Reichanadter)

Roger and Reita Vandrey of Pike Township spoke about having to travel three times to the small claims court in Decatur Township to resolve confusion over the payment of a medical bill from 2002. Although they thought they would see a judge, they were taken after a two-hour wait into a small room with only the bill collector’s attorney and told the judge wasn’t even in the building. They said they were told to “shut up” when trying to ask questions and were not allowed to speak, and after the debt was eventually resolved, they had to repeatedly request a document from the court staff to prove the matter was completed.

“Nobody wanted to hear our side of it,” Reita Vandrey said.

Mariann Hunnicutt from Washington Township talked about having to take a half day off work to travel to a different township for a court hearing on a medical bill debt. She wasn’t advised of having the option to change venue until she specifically asked about the possibility, and when she was in court, Hunnicut said she wasn’t able to see a judge.

Brandon R. Major, a litigant in a $3,900 lease dispute, prevailed in Center Township Small Claims Court with a $240 judgment in his favor. But a Superior Court review led to a reversal and his having to pay almost $6,000 – with only about $1,100 going to the plaintiff and the rest going to the attorney, he said. He also talked about his observations of intimidating attorney behavior and court staff not helping people who had basic questions about the court procedures.

Some people who have been small claims defendants spoke about court decisions that were not properly recorded, causing them to handle the same case again due to claims that it wasn’t resolved, when it had been.

Several attorneys offered their feedback, some defending the system and others criticizing the courts.

Indianapolis attorney Paul Ogden, who represents defendants in small claims court, said he is concerned about the practice of “forum-shopping” and believes the courts need more consistency. He also said attorneys should be required to file all actions in the township where the defendant lives, not just in landlord-tenant disputes as the rules currently require.

Collection attorneys said they have many cases to file, so they often choose a location based on where they can be the most efficient. That involves locations close to their offices and where they are able to easily get court assistance. Several said litigants have notice of their rights, including venue change availability, when they receive suits and notices in the mail.

Phillip La Mere, managing partner at Bowman Heintz Boscia & Vician in Indianapolis, described the term forum shopping as a “gross misnomer” and said it doesn’t happen the way the media or defense attorneys say it does. Most often, he said litigants’ lack of understanding about the process is because they’re not reading the notices and documents that are in front of them.

Attorney Jeff Galliher, who has handled about 1,800 eviction cases in the past two years, said he hasn’t observed any unprofessional conduct from his colleagues or the judges, and that he thinks everyone is very cognizant of litigants’ rights – especially those representing themselves. The legal community is doing its best to get the cases moved through the system efficiently, he said.

Collections attorney Joseph Guy, past president of the Indiana Creditors Bar Association, argues that lawyers having access to court space isn’t a conflict and they aren’t presenting themselves as court employees.

“We do need a place to do our work,” he said.

But Baker said a concern that repeatedly has been brought to the task force’s attention is how it appears the plaintiff’s attorneys are doing tasks and getting preferential treatment that should be reserved for court staff. That can be confusing to someone who doesn’t understand the system, Baker said. He also pointed out that some evidence has been presented to the task force that entire courtrooms have been turned over to collection attorneys to use in meeting with debtors.

“The public might not know the difference between the plaintiff’s attorney and a member of the court staff when they have just arrived at court,” he said.

Baker and Barteau will now put the feedback into context to determine if any changes are needed. They will issue a report to the Supreme Court Committee on Rules of Practice and Procedure which will then study the topic and recommend any needed changes to the state’s justices for consideration. Any procedural rule changes would come from the Supreme Court. No timeline exists for that process to happen and there’s no guarantee that any changes will be made, Baker told residents at the hearings.•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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