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Task force will examine Marion County's small claims courts

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A new task force will review the practices and procedures of the nine small claims courts within the state’s largest county, following critical reports last year suggesting litigants may not receive the same access to justice in each court or as parties have in other Indiana jurisdictions.

The Indiana Supreme Court announced the new task force Tuesday. Court of Appeals Judge John Baker and Senior Judge Betty Barteau, who both had experience at the small claims level, will be responsible for examining the unique structure of Marion County’s small claims system.

Each of the nine townships have their own locally funded courts, judges and staff. Most of the collection cases in those courts involve less than $6,000, and those can be filed in any of the nine townships – except in landlord-tenant disputes, which must be filed in the township where the property is located. But in every case, no matter the jurisdiction, the defendant has the ability to ask that the lawsuit be venued to the township where he or she lives. Questions have arisen about the township trustees’ influence on court operations and how judicial independence is impacted.

The issue received national attention in July when a front-page Wall Street Journal article highlighted perceptions about “forum shopping” in the small claims courts. The article focused on debt collection cases and how the location of proceedings is often determined based on a lawyer’s perceptions of local courts and the collections practices imposed by each judge. The WSJ reported that some Indiana judges handle their courtroom practices differently by accommodating “frequent-filer” collection attorneys. For example, some have different practices for supervising meetings between creditor attorneys and debtor litigants or which cases actually go before the judge.

In response to that WSJ article, Marion Circuit Judge Lou Rosenberg began exploring the practices and procedures and in October 2011 the Indiana Lawyer reported that Rosenberg and the small claims judges had started taking action in response to the allegations. Collaboration increased between the different townships in order to create a more unified and consistent approach to how they handle cases and work with litigants. The courts also created a “rights and responsibilities” pamphlet to display and hand out in court to litigants to help ensure the public knows what is and isn’t allowed.

Now, the new task force will study the practices and procedures to determine if any changes are needed. The task force will hold public hearings in late February and early March in Perry and Pike townships to get feedback from small claims litigants and lawyers before issuing a report to the Supreme Court Committee on Rules of Practice and Procedure. The task force may make recommendations on needed adjustments in the courts depending on the review and feedback, and the rules committee will then make final recommendations to the state justices. Any procedural rule changes would come from the Supreme Court.

 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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