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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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