Articles

Public defenders could see change in St. Joseph County

The public defender system in St. Joseph County could be up for an overhaul as soon as July.County officials have given a favorable recommendation to ordinances revamping the system, action that comes on the heels of a presentation by Circuit Judge Michael Gotsch earlier this week. If the county council approves the measures at its June 12 meeting, the changes would take effect for the second half of the year.Under the proposal, the county could hire 10 more public defenders, which…

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Judge: Parents must pay fees in frivolous suit

Two parents challenging a new school-uniform policy in Anderson lost their legal battle in August after a federal judge dismissed the case. This week, parents Laura and Scott Bell have been ordered to pay attorneys’ fees and court costs of approximately $40,931 to defendants Anderson Community Schools and the board of trustees.U.S. District Judge John D. Tinder issued the order Thursday, recounting reasons for ruling in favor of the school district four months ago and issuing a note of caution for…

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Second appellate judge vacancy nearing

Indiana Court of Appeals Judge John T. Sharpnack has officially announced his last day will be May 3, 2008, and the process to appoint a successor will begin in the coming weeks.Judge Sharpnack plans to stay on with the appellate court as a senior judge following his leaving the bench, which comes just days before his 75th birthday and mandatory retirement. He is the second appellate judge in a year to leave the court; Judge Patrick D. Sullivan ended a 38-year…

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Court tosses property assessment suit

The Indiana Tax Court has dismissed a lawsuit challenging the constitutionality of the state’s property tax assessment system because the petitioning taxpayers didn’t exhaust their administrative options.Indiana Tax Judge Thomas G. Fisher ruled Nov. 9 in Mel Goldstein, et al. v. Indiana Department of Local Government Finance, et al., No. 49T10-0709-TA-45, which was brought by 14 taxpayers and 10 citizen groups from across the state.Indianapolis attorney John Price filed the suit in September on behalf taxpayers statewide pushing for tax reform,…

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Court rules on privatization, public bidding

The Indiana Court of Appeals ruled today that state officials violated the law by not adhering to the public bidding process when privatizing a Fort Wayne development center two years ago.In Anita Stuller, et al. v. Mitchell Daniels Jr., et al., 02A05-0601-CV-22, the court unanimously reversed and remanded the case to Allen Superior Judge Nancy Boyer with instructions to hold a hearing to determine if a preliminary injunction should be granted.The 27-page opinion points out that Judge Boyer misinterpreted a state…

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Historical marker will commemorate slavery case

Anyone wanting a taste of how Indiana Supreme Court justices decided on slavery issues in the late 19th century can travel to northern Indiana next week.On Aug. 25, a state historical marker is being dedicated in recognition of Graves et al v. Indiana, which stemmed from the 1847 capture of a fugitive slave in Bristol and a later justice of the peace ruling that freed the slave. An Elkhart Circuit judge convicted the three men the following year for causing a…

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Lake County judgeship finalists forwarded to governor

Gov. Mitch Daniels is now considering three finalists for a Lake County judicial seat left open by the March death of Superior Judge Robert Pete.The Lake County Judicial Nominating Commission selected the finalists out of 23 attorneys vying for the spot and sent those names to the governor Wednesday. Finalists are: Lake Superior Court Magistrate Kathleen M. Belzeski; Calvin D. Hawkins, a U.S. bankruptcy trustee and an attorney in Gary; and Christina J. Miller, a former Lake Circuit Court magistrate and…

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COA orders retrial in self-defense case

The Indiana Court of Appeals determined a Marion County judge wrongly excluded evidence corroborating an Indianapolis man’s self-defense claim and has ordered a new trial on a voluntary-manslaughter charge.In Terrance Hood v. State of Indiana, No. 49A02-0703-CR-242, the appellate court reversed and remanded to Marion Superior Judge Tanya Walton Pratt’s courtroom a case involving an August 2005 shooting outside a liquor store.As Hood exited the store, a vehicle nearly crashed into him and he got into an argument with the driver. That…

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Don’t forget: Rotunda filing, security changes start today

The process for after-hours legal filing changes today as a result of new security being implemented at the Indiana Statehouse in Indianapolis.North doors of the building will be locked at 5:30 p.m., and the Capitol Police desk at that entrance will not be staffed. The Clerk of the Courts and Department of Administration installed a drop box for filings to be placed, according to according to Supreme Court Administrator and Clerk of the Appellate Courts Kevin Smith.Security measures for the entire…

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Court decides Carmel annexation case

Carmel has another appellate win on the issue of annexation after an Indiana Court of Appeals ruling today.The state’s second-highest appellate court decided that the city adequately proved it could afford to annex part of a nearby community into its municipal borders, and that a Hamilton County judge erred in auditing a financial plan and ruling in favor of the remonstrators.The unanimous decision in City of Carmel v. Certain Home Place Annexation Territory Landowners, No. 29A04-0510-CV-578, comes not even a month after…

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Juvenile reception center begins pilot period

The Marion County Juvenile Detention Facility has hit what some consider its lowest population in at least 12 years, evidence that a risk assessment tool implemented about two months ago is working. A new reception center may lower those numbers even more. Earlier this week, the Marion Superior Court announced the population was at 98 – below the facility cap of 144 that was often filled prior to the recent changes. The number had increased to about 118 on Wednesday but…

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15 apply for Court of Appeals opening

Six trial court judges, seven attorneys, one state senator, and the head of the Indiana Prosecuting Attorneys Council are vying for a seat on the state’s second-highest appellate court.

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September conference focuses on courts-Congress relationship

Attorneys are already coveting a spot at a September conference on the relationship between Congress and the courts, which will include an appearance by U.S. Supreme Court Justice Samuel A. Alito Jr. and multiple other well-known jurists and public officials.However, registration doesn’t begin until Thursday.Limited to the first 150, the Sept. 14 conference titled “Relations between Congress and the Federal Courts” is sponsored by the Indiana State Bar Association. Justice Alito will be the keynote speaker; joining him will the chief…

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Judicial free speech before 7th Circuit

  The 7th Circuit Court of Appeals will consider arguments Friday on whether sitting and prospective judges should be barred from responding to questionnaires or giving personal views about legal or political issues, and whether state judicial canons can be allowed to restrict that speech.Circuit judges will hear arguments at 9:30 a.m. Central Time in Indiana Right to Life v. Shepard, et al., No. 4:04-CV-0071, which U.S. District Judge Allen Sharp in Hammond ruled on Nov. 14. Judge Sharp granted a…

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Marion Superior judges on the move

The Marion County Executive Committee is moving a criminal court judge to the civil side to replace Judge Cale Bradford, who's joining the Indiana Court of Appeals in August.

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Statehouse security means changes to after-hours filing

New security measures starting in two weeks at the Indiana Statehouse means the legal community will have to change their routines for after-hours filing.Beginning June 4, north doors of the building will be locked at 5:30 p.m. and the Capitol Police desk at that entrance will not be staffed as it currently is. The Clerk of the Courts and Department of Administration is installing a drop box for filings to be placed, according to according to Supreme Court Administrator and Clerk…

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Court weighs individual rights, school violence

An Indiana Court of Appeals decision today grabs you with the first lines, setting the groundwork for an intriguing read whether you’re an attorney or not.”In this case of first impression, we balance the private rights of students and citizens against our schools’ need to identify individuals on school property in this post-Columbine world,” Judge Cale Bradford wrote. “More specifically, we are asked to determine whether a school police officer may conduct a pat-down search of a student on school grounds…

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ACLU files federal suit against corrections center

The American Civil Liberties Union of Indiana filed a federal lawsuit this week against the Marion County Community Corrections Center in Indianapolis, alleging the facility's conditions violate the Constitution and threaten health and safety of inmates.

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Split court rules no-shows forfeit right to trial attendance, counsel appearance

If a defendant doesn’t appear at a trial he or she knew about, a trial court can consider that a knowing and voluntary waiver of that person’s right to be present and to have counsel appear there, the Indiana Supreme Court ruled on Tuesday.Justices ruled 3-2 in Carlos M. Jackson v. State of Indiana, No. 15S01-0609-CR-333, which involved a man found guilty of possession of cocaine with intent to deliver and possession of an unlicensed handgun. Jackson was ordered to attend…

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