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State funding of judges being explored

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Lawmakers rejected a southern Indiana county's request this week for a new judge to run a family court, even though it proposes paying for it locally rather than with state money. But in declining to attach the magistrate-turned-judge idea to another bill, a House committee said it wants to keep talking about the issue that could be a policy-altering move in how Indiana pays for its trial court judges.

The House Judiciary Committee approved HB 1154, which would allow Marion County to convert its 24 appointed commissioners to magistrates that hold the same responsibilities but would be able to consider a wider range of issues within each court. The county proposes paying the $2.3 million for those magistrates with a $35 fee tacked on to traffic infractions, which has been collected since 2004 and is by law turned over to the state general fund. The fee initially went into place to pay for jail overcrowding costs, but that issue has been largely resolved and the fee isn't used for that anymore. Now, the state's largest county wants to use that money to save the state from having to pay for the county magistrates or pay for adding new judicial officers.

By doing this, the county expects it would also be able to save enough money to use for the local funding of guardian ad litem costs, which became necessary after the Indiana Court of Appeals ruled on this issue last year.

Committee members voted 11-0 in support of the idea, but not before voicing hesitation about a proposal by Rep. Eric Koch, R-Bedford, to amend the legislation so that Bartholomew Superior Court could also convert a commissioner position into a new Superior judgeship starting in July 2011.

This would allow the county to convert a current commissioner, who hears only child support non-payment cases, to a judge that could hear all family-related case types. Bartholomew Circuit Judge Stephen Heimann proposed using the same kind of funding mechanism as Marion County is proposing in its commissioner-to-magistrate conversion - using a fee of at least $20 on traffic infractions that would go to the state general fund. If anything fell short of the estimated $150,000 needed, the county would be responsible for making up the difference. An estimated $189,000 per year could be raised from the fee, and be applied not only to the judge's salary but also benefits, Judge Heimann said.

Even without this having a state fiscal impact, Rep. Trent Van Haaften, D-Mount Vernon, questioned why the proposed amendment didn't call for a commissioner-to-magistrate change as Marion County's proposal did, but rather a commissioner-to-judge. In response, Judge Heimann said it was specifically because the county needed a new family court and needed a judge's authority to hear all of those issues that might come before it.

This new judge request arose during the interim Commission on Courts meeting last fall. Judge Heimann requested a third judge and the interim committee approved the idea as long as state funding is available. After that, discussion began about how the new judgeship could be paid for and possibly be merged into other legislation.

Rep. Cherrish Pryor, D-Indianapolis, said she couldn't support that idea being attached to her HB 1154 at this time without knowing more. She noted her concern about modifying the system of how state judges are funded in this case. Several other lawmakers also expressed concerns, some more broadly about how it could be applied to other counties.

"This is a whole policy change," said committee chair Rep. Linda Lawson, D-Hammond. "We're talking about changing how we do things all together in funding state judges."

Representatives said this funding mechanism could open the door to other counties who might want to explore more creative ways to pay for new judicial officers rather than simply relying on the traditional state funding process. Lawson asked that it not be included in this legislation but that discussions continue on the concept more broadly.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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