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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. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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