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Some attorneys aren't sold on the proposed Marion County Criminal Justice Complex

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project_facts.jpgWalk with security commander Maj. Royce Cole through the narrow cellblocks, past the iron bars holding inmates in Marion County Jail 1, and he’ll tell you what you’re not seeing.

“It doesn’t have the modern stuff newer jails have,” Cole said. What Marion County’s jails do have is duplication. There are five facilities housing county arrestees and inmates, several with their own food prep areas, medical facilities, laundries and other essentials.

In Jail 1, you also won’t see, but it exists, the inefficiency that comes from an antiquated holding facility designed so there’s no monitoring of cellblocks from a central location. That means deputies, every 15 minutes, walk through the cell blocks, checking. “It’s not direct supervision, which is what we want,” Cole said.
 

complex-jail-tunnel-15col.jpg
complex-jail-leak-15col.jpg A tunnel that predates Marion County Jail 1 (top) is still used to transport inmates to and from court at the City-County Building. Above, a jail corridor is flooded after the recent freeze burst water pipes. (IL Photos/ Eric Learned)

Those sorts of redundancies and inefficiencies, plus concerns for security at the jail and at the Indianapolis City-County Building – where defendants with court dates come into regular contact with the public – prompted city and county officials last month to announce a Criminal Justice Complex proposal that would bring courts, jails and other related functions under one very large roof.

Officials say the facility can be funded by savings without a tax increase. The complex would house juvenile and adult detention facilities, adding 1,000 beds to the current maximum population of 2,507. It also would be home to criminal courts; prosecutor, public defender and probation offices; and practically all related county criminal-justice offices.

Indianapolis Mayor Greg Ballard announced the plan, saying, “Marion County’s jail and court facilities are aging, inefficient and unsafe.” Sheriff John Layton said 70,000 inmates move through the City-County Building each year alongside victims, jurors and witnesses.

But for lawyers who practice in the City-County Building, unanswered questions about the plan are concerning, especially persistent speculation that the facility might be located on city-owned property near the Indianapolis International Airport on the far west side.

“I’m concerned about all the businesses that are dependent on the City-County Building – the City Market, the bail bondsmen, the lunch places over there,” said criminal defense attorney Andrew Borland, whose office is near the downtown building that houses the courts. He said he’d back a complex downtown, but doesn’t know if that’s in the cards.

On a recent day, Borland said he’d been to the City-County Building on business three times by 11 a.m. and expected to return a couple more times.

Borland said his office “would have to move wherever that building went. … 1,000 lawyers (could) make that same statement, and you start to see the economics of it. … It’s not a small thing.

“If they move that out to the airport, they’re going to have to build offices” for attorneys, bail bondsmen and the like, Borland said. “I’d have a hard time getting out there. I live in the city, my office is down here, and it would add an hour a day in the car for me.”complex-graphic.jpg

Kevin Murray, the sheriff’s counsel, said no decision has been made about the facility location, but the sheriff is open to considering various locations. “We’ll see what comes back” in proposals from developers, Murray said. “One of the big issues will be venue.

“We think consolidation makes sense, and we think that we’ll save some money,” he said, adding the complex won’t move forward without popular buy-in.

Murray said the proposal is an outgrowth of long collaboration with numerous criminal justice agencies, judges, prosecutors, public defenders and others that identified problems and worked on solutions going back to federal jail overcrowding lawsuits against former sheriffs. Murray notes the Marion County Jail went from federal oversight to correctional accreditation in just a few years.

But the current handling of arrestees is a “Rube Goldberg” system, he said. They’re brought to an arrestee processing center separate from the jail, where they may linger for hours before being taken to jail or court.

What Marion County is proposing, Murray said, would be unique in the nation and would build on the collaborative momentum that’s helped drive down the daily jail population to an average daily count of 495 below maximum.

There has been no estimate of the complex’s cost. Savings that would fund the project would come from a reduced force of deputies guarding and transporting inmates, savings on office leases, and elimination of duplicated services, among other things.

Marion County Prosecutor Terry Curry’s office would move from rented space a block from the City-County Building to the proposed complex, as would probation offices, community corrections and other offices.

“This is an idea that’s been discussed for years now and clearly is something that needs to be addressed, and I’m 100 percent on board with the idea of a justice center” combining various functions, Curry said. “We have some concerns about the ultimate site. Like the judges, we have a significant interest in making sure any facility is easily accessible to everyone in the county.”

Curry notes many people come to the prosecutor’s office to lodge complaints, so an accessible location is critical. Some judges also have said the location of a complex would have to be such that courts are accessible to defendants and witnesses.

Accessibility concerns David Deal, too. An attorney with Voyles Zahn & Paul near the City-County Building, Deal’s practice is divided between criminal and civil law. Because civil courts will remain in the City-County Building, he’s looking at the prospect of having to juggle appearances in two courthouses if the complex is built.

“I’d become a lot more in favor of it if they keep it in the core of the city for access for litigants and also for access for attorneys,” Deal said.

He also worries that attorneys with long leases to fulfill near the building could be in a fix if courts move far from their current location. “If you recently renewed a five- or 10-year lease, you’re going to be in tough condition.”

If a complex were built far away from downtown, it could lead to an exodus from offices near the City-County Building, Deal said. “I think that could hurt downtown Indianapolis.”

Officials who announced the complex noted it could free up prime downtown real estate that could give the city an economic boost. Jail 1 at 40 S. Alabama St., and Jail 2 at 730 E. Washington St., sit on property valued at more than $17 million, officials said.

Borland believes the complex belongs in the mile square of downtown Indianapolis. “I just can’t imagine taking it out of the downtown core is going to be helpful to the litigants in those cases,” he said. “Those are, for the most part, the poor people in our community. … Going 10 miles further is a big deal to them.•

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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