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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 Jim Buck, R-Kokomo, described the current law as discriminatory and outdated and said Indiana can’t keep losing valuable members of the judiciary to the statute.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. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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