Archive for October 24th, 2005

Commission on Courts Final Meeting

The final meeting of the Commission on Courts took place on October 20, 2005.

After hearing testimony on the need for additional capacity to keep up with growing workloads in the Indiana Court of Appeals, the Commission approved the final report for the year.

courts

The recommendations included new judicial officers for Marion County, a new court for Jackson County, a reorganization of the Madison County Courts, and a change in the election cycle for the Hendricks County Courts.

We also recommended a clarification of the “garnishee defendant” issue, and the confusion as a result of HB 1113 as to whether a garnishee should be considered a defendant in a civil case.

The Attorney General provided the Commission with a written opinion that concluded:

Based on the garnishee defendant’s role as a “defendant” outside of the original action, the garnishee defendant is named as the holder of wages or funds for the defendant that are subject to claims of the plaintiff. Our preliminary research would indicate that the “garnishee defendant” is not a “judgment defendant” to the original action and therefore the fees assessed to such defendants would not apply to the garnishee.

A formal opinion is due this week. That should help clear up some of the confusion as to whether plaintiffs are charged fees for garnishees – but we will likely try to seek a statutory clarification in the upcoming legislative session.

The final Commission report should eventually be available on the website.

1 comment October 24th, 2005

The New Logan Center

I attended the dedication ceremony for the new Logan Center facility in South Bend yesterday, and was very impressed with both the new buliding and the outpouring of community support.

Dan Harshman, CEO of Logan, has worked tirelessly for years to bring a better quality of life to people with disabilities, and his efforts - together with those of countless others - were on display yesterday.

If you haven’t had the chance, you might want to spend a day volunteering at Logan. I did my first stint there as a middle schooler through a program at St. Pius X Church, and it was a great experience.

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