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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues