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Unified courts, judicial nomination bills move

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Several bills of impact on the courts saw action this week before the Indiana General Assembly shut down for two days after a winter storm hit the state.

Senate Bill 91, which establishes a unified Circuit Court in Henry and Madison counties; and SB 499, which would change the selection of Lake Superior judges from election to nomination, passed second readings Monday.

SB 169, which deals with probate, trusts, and transfer on death transfers, was placed back on second reading Jan. 27 and reread and passed with amendments on Monday.

House Bill 1153, which deals with problem-solving courts, was passed 98-0 by the full House of Representatives Monday. The House judiciary committee also passed HB 1548, which recognizes foreign country money judgments. Also on Monday, the Committee on Local Government amended and passed HB 1311, which deals with changes to planning and zoning law. One part of that bill eliminates review of zoning decisions by certiorari and establishes a judicial review procedure.

Senate Bill 97 passed out of the judiciary committee Jan. 27 with amendments. The bill establishes a procedure for a company to provide a loan to a plaintiff in an action in exchange for the contingent right to receive a part of the potential proceeds of the action. Also on Jan. 27, the committee passed SB 301, which would increase the automated record keeping fee a court clerk can charge with the extra money going to the Judicial Technology and Automation Committee to pay for Odyssey, the statewide case management system. The committee reassigned the bill to the Committee on Tax and Fiscal Policy.

Because the weather shut down the General Assembly for two days, committee hearings were postponed and are in the process of being rescheduled. As of Indiana Lawyer deadline, the House of Representatives was still working on the new schedule and planned on releasing a new calendar today.

Jennifer Mertz, principal secretary of the Indiana Senate, said in an e-mail that Wednesday morning committees have been authorized to schedule an additional meeting on the morning of Feb. 11. Wednesday afternoon committees may schedule an additional meeting the afternoon of Feb. 11. Tuesday committees are able to schedule an extra meeting after session on Feb. 8 or 10. She said it’s up to each committee chair to determine if they will schedule more bills at their usual committee time next week or hold an additional meeting.

A complete list of bills is available on the legislature’s website.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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