ILNews

Use of bench warrants still not certain

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Attorneys have settled a federal case that led to the Marion Superior Court scrapping its practice of issuing bench warrants for the arrest of people who'd failed to appear in civil cases, but a statewide investigation of whether state law allows judges to issue these warrants remains ongoing.

A settlement came March 30 in the case of Patrick Thompson v. Marion County Sheriff's Office, et al, 1:08-CV-00481, which arose from the man's August 2007 arrest. Thompson was detained for five days in the Marion County Jail after being arrested on a bench warrant for not appearing at a child support hearing about three years earlier. He told police he'd thought the child support case involving his then-17-year-old child was finished and closed.

The case tied in to a similar one that Indianapolis firm Waples & Hanger had filed in the Southern District of Indiana, and both prompted U.S. Magistrate Judge Jane Magnus-Stinson to review the practice concerning bench warrants.

The Marion Superior Court's four-judge executive committee investigated the process and in January recalled about 4,100 bench warrants in civil cases, turning to a new policy that urges the use of body attachments requiring multiple notification steps. A body attachment requires that when people fail to show up for a hearing or ignore a court order, they must be given a second chance to attend and explain themselves. It also allows them to pay the amount due and be released immediately.

The second part of the settlement involves Indianapolis paying Thompson $67,5000, according to a news release from Waples & Hanger.

In February, Marion County Prosecutor Carl Brizzi asked Indiana Attorney General Greg Zoeller to weigh in on the issue with an advisory opinion. No opinion has been issued, and a spokesman for the state office couldn't be reached to comment on the status of that.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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