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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 Jim Buck, R-Kokomo, described the current law as discriminatory and outdated and said Indiana can’t keep losing valuable members of the judiciary to the statute.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.
-    
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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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