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Walkout creates uncertainty in House

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It’s been a controversial week at the Indiana General Assembly with the walkout by many Democrats in the House of Representatives killing several bills in their current forms as legislative deadlines hit.

The flight of the House Democrats to Illinois has caused Speaker of the House Brian Bosma, R-Indianapolis, to adjourn until Monday. There is still uncertainty as to when the Democrats may return and if the House would be able to change the rules to move deadlines back a week. The House Rules Committee approved pushing back the deadline for the second and third reading of bills, but the proposal needs to be approved by a quorum on the floor, something that can’t happen until Democrats return.

The walkout hasn’t affected the Senate yet and work continued in that chamber. Several bills of interest to the legal community are now before the House. If the walkout continues, those bills could be affected. Wednesday was the last day for third reading of Senate bills.

Senate Bill 561, which deals with sentencing reform and made it out of the Senate Tuesday, looks to require violent criminals to serve more of their prison sentences. The bill’s “truth in sentencing” provision would ensure violent felons serve 85 percent of their assigned prison time. Right now, it’s only required that those charged with nine specific crimes – including Class A felony battery, rape, or child molesting – serve only 50 percent of their time.

The bill also encourages communities to house those convicted of D felonies and of minor crimes in local jails or work-release facilities. The goal is to avoid an overflow of inmates in the Department of Correction.

Another provision in the bill would require implementation of a better export program for dissemination of case information to clerks. Author Sen. Brent Steele, R-Bedford, said the current case management system doesn’t allow the download of bulk information.

Senate Bill 463, which would repeal or remove provisions that establish a mandatory retirement age for Superior and County Court judges, passed the Senate Feb. 17. Author Sen. Jim Buck, R-Kokomo, described the current law as discriminatory and outdated and said Indiana can’t keep losing valuable members of the judiciary to the statute.

“Allowing judges to serve past 70 helps preserve institutional knowledge and keep experienced courtroom managers on the bench. I look forward to working with House members on this important piece of legislation,” he said in a statement.

Senate Bill 97, on the funding of lawsuits, also passed the Senate last week. The bill deals with consumer legal funding. It has not yet been assigned to a House committee.

Also passing the Senate:
-    Senate Bill 96 that would add another deputy prosecutor in Cass County paid for by the state;
-    Senate Bill 212 on trial court jurisdiction;
-    Senate Bill 214 that would require the attorney general to make certain determinations before entering into a contingency fee contract with a private attorney;
-    Senate Bill 301, an automated record keeping fee, which proposed an increase in the fee to fund a statewide case management system. An amendment decreased the fee after July 1, 2011;
-    Senate Bill 346 on the statute of limitations for an environmental legal action;
-    Senate Bill 520 on application of foreign laws;
-    Senate Bill 530 on merging the offense of criminal deviate conduct into the crime of rape;
-    Senate Bill 540 on the discharge of long-term inmates; and
-    Senate Bill 590 on various immigration matters.
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On Feb. 17, the House passed House Bill 1266 that would establish unified Circuit courts in Clark and Madison counties. The bill has been referred to the Senate Judiciary Committee.

Legislation has started making its way to Gov. Mitch Daniels. By Friday, he had signed two bills into law – SEA 32 on vote centers; and HEA 1450 on unemployment insurance.

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

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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