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Legislator drops assisted reproduction bill

by Joshua Claybourn

The Indianapolis Star reported at approximately 5:30pm, “Legislator drops controversial plan.”

A controversial proposed bill to prohibit gays, lesbians and single people from using medical procedures to become pregnant has been dropped by its legislative sponsor.

State Sen. Patricia Miller, R-Indianapolis, issued a one-sentence statement this afternoon saying: “The issue has become more complex than anticipated and will be withdrawn from consideration by the Health Finance Commission.”

Miller had asked that committee — a panel of lawmakers who meet when the Indiana General Assembly is not in session to discuss possible legislation — to recommend the bill to the full legislature when it meets in January.
Under her proposal, couples who need assistance to become pregnant — such as through intrauterine insemination; the use of donor eggs, embryos and sperm; in vitro fertilization, embryo transfer or other medical means — would have to be married to each other. In addition, married couples who needed donor sperm and eggs to become pregnant would be required to go through the same rigorous assessment process of their fitness to be parents as do people who adopt a child.

On Oct 4 Indiana Barrister covered the issue. More on the General Assembly’s Health Finance Commission is available online. Here is link to the draft bill language.

Supreme Court Arranges $25,000 in Translation Services

by Joshua Claybourn

The following press release was just sent to me by the Counsel to the Chief Justice of Indiana:

The Indiana Supreme Court has dedicated $25,000 to provide Indiana courts with foreign language interpretation by telephone for less regionally familiar languages, Chief Justice Randall T. Shepard announced today.

“The diversity of language in our state’s population has created difficult challenges for our courts. Increasingly, Indiana trial judges are faced with needing interpreter services promptly for many foreign languages. Of the thirty-six counties who sought assistance this year under the Court Interpreter Grant Program, fifteen court systems needed interpreter services for languages other than Spanish or sign language. These courts reported interpretation needs for twenty-six other languages ranging from Arabic to Punjabi to Urdu. While much of our current effort focuses on Spanish interpreting, there is obviously need for attention to speakers of other languages,” Chief Justice Shepard said.

Recognizing the strain that such language issues place on trial courts, the Indiana Supreme Court has contracted with Language Line Services to provide $25,000 worth of telephone foreign language interpretation on an as-needed basis. Language Line Services is an over-the-phone interpretation service based in Monterey, California, which provides interpretation services in more than 140 languages. Language Line Services is available 7 days a week, 365 days a year. Interpreters are required to be familiar with police and 911 procedures and have hundreds of hours of interpreting experience.

In general, the service is for any Indiana trial court that needs services other than Spanish for hearings that are twenty minutes or less.

“I thank Judge Douglas Morton from Fulton Circuit Court as his recommendations helped spearhead this initiative, and to Lilly Judson’s Division of State Court Administration staff for making it happen,” said Chief Justice Shepard.

This initiative is one of several the Supreme Court has taken to improve language services in the courts. In addition to the use of Language Line and the Court Interpreter Grant program, the Supreme Court has also established a Court Interpreter Program that certifies qualified court interpreters.

For more information on the Court Interpreter Program visit: www.in.gov/judiciary/interpreter

Consolidation lurches forward

by Joshua Claybourn

A group of advocates from Evansville/Vanderburgh made comments Tuesday at a meeting of the Local Government Efficiency and Financing Study Commission. As Jennifer Whitson reports in the Evansville Courier & Press (“Merger bill awaits go-ahead“), at least two state legislators have said they would “carry a bill” to allow a countywide referendum on consolidation for the city of Evansville and Vanderburgh County if the County Council, City Council, County Commissioners and Mayor Jonathan Weinzapfel all endorse it. As Indiana Barrister reported on Oct. 1, the County Council will formally endorse the proposal on today.

But as is clear from the comments my close friend County Commissioner Cheryl Musgrave made, the commissioners’ support of the idea is less than certain. Many elected officials remain worried that the failure of “Vandygov”, as it was called int he 1970s, will replay in this effort. A new non-profit corporation on whose board I sit is charged with advocating consolidation to the public and elected officials. The Unification Study committee, which preceeded the advocacy commitee, has significant amounts of information online, including the Unified Metropolitan Government Proposal.

Assuming the remaining Evansville/Vanderburgh governmental bodies decide against unification, it remains unclear why a referendum is suddenly inappropriate. Advocates of unification have adopted the motto “let the people decide”.

Judge locks GUEA assets

by Joshua Claybourn

The Post-Tribune of Northwest Indiana carries an article titled, “State seeks control of GUEA.”

State officials should control the estimated $10 million in assets of the scandal-plagued Gary Urban Enterprise Association, state Attorney General Steve Carter said Monday.

Carter’s office filed a lawsuit against the not-for-profit group to block the sale or transfer of any GUEA property. The group’s official status as an enterprise zone expired Sept. 8, said Indiana Economic Development Commission spokesman Weston Sedgewick.

Meanwhile Northwest Indiana News reports “Judge lock’s agency’s assets, for now.” The assets of the Gary Urban Enterprise Association are protected for the time being with a temporary restraining order granted Tuesday in Marion County Circuit Court.

Home Place still independent

by Joshua Claybourn

The Indianapolis Star has an article titled, “Judge: Carmel can’t annex Home Place.”

Two miles north of Home Place, in his office overlooking the fountains of Carmel’s Civic Square, Mayor Jim Brainard and his allies weren’t conceding defeat — only shock at Tuesday morning’s ruling by Judge William Hughes and a promise to appeal.

They dismissed the contention at the heart of Hughes’ decision — that Carmel, one of Indiana’s most affluent cities, had failed to demonstrate that it could afford to provide services in the 1.6 square miles of Home Place.

Carmel claims to have more than $23 million of cash on hand. If the decision is not overturned on appeal, state law requires Carmel to wait four years before trying to annex Home Place again.

Judge Pfaff Quits

by Joshua Claybourn

The Indy Star carries a story by the AP titled, “Judge who pointed gun at teen quits.”

A judge who pointed a handgun at an 18-year-old while searching for his runaway teenage daughter two years ago has resigned from office.
Elkhart Superior Court Judge L. Benjamin Pfaff wrote in a letter to the Indiana Supreme Court on Monday that he was giving up the fight to keep his job. A panel of judges last month recommended that the high court remove Pfaff from office for his actions in 2003.

Marcia Oddi has more.

Bill prohibits reproductive assistance for unmarried Hoosiers

by Joshua Claybourn

Niki Kelly in the Fort Wayne Journal Gazette reports, “State bill would limit procreation assistance: Process would rule out homosexuals, singles.”

Sen. Pat Miller, R-Indianapolis, said Indiana law currently has no regulations regarding assisted reproduction and should have similar requirements to adoption in Indiana. “Needless to say it’s going to be enormously controversial and difficult,” she said. “Our statutes are nearly silent on all this. You can think of guidelines, but when you put it on paper it becomes different.”

Miller chairs the Health Finance Commission – a panel of lawmakers that will vote Oct. 20 on whether to recommend the legislation to the full General Assembly. A “no” vote doesn’t preclude it from being offered in the 2006 legislative short session, which starts in January. A “yes” vote does not ensure its passage.

There are two parts to the draft legislation – the first dealing with some irregularities in central Indiana regarding surrogacy and adoptions. But the part of the bill raising eyebrows involves assisted reproduction.

It defines assisted reproduction as causing pregnancy by means other than sexual intercourse, including intrauterine insemination, donation of an egg, donation of an embryo, in vitro fertilization and transfer of an embryo, and sperm injection. The bill then requires “intended parents” to be married to each other and specifically says an unmarried person may not be an intended parent.

Doug Masson thinks this is a bad idea. More on the General Assembly’s Health Finance Commission is available online. Here is link to the draft bill language.

So. Ind. Property Law

by Joshua Claybourn

The Evansville Courier & Press reports, “City delays changes to property law.”

A scheduled committee hearing on a new city property maintenance law was postponed Monday for some last-minute tweaking.

One change the city’s legal department is working on is a provision to shift responsibility for “nonstructural” maintenance of property from an owner to the renter under some circumstances.

Renters could be held accountable for weeds, trash, abandoned vehicles and other similar upkeep if those responsibilities are spelled out in a valid lease, said Gregg LaMar, director of the Department of Metropolitan Development.

Allen County Flag

by Joshua Claybourn

Judge Dan Heath has penned an editorial for the Journal Gazette titled, “Flag belongs on Courthouse Green, not roof.”

Shortly after Sept. 11, 2001, the judges of the Allen Superior Court resolved that the American flag be placed in the elliptical of the Courthouse Green. Like many Americans, we were deeply moved by the events of 9/11 and the heroic efforts of many Americans to rally together as a nation to deal with the terrible events of that day.

But our feelings are no less profound today. Recent events have again forced all Americans to rally together in support of people who face tragedy.

Daniel G. Heath is chief judge of Allen Superior Court.

“A Voice for Change”

by Joshua Claybourn

Last spring Indiana University journalism student Lisa Davies interviewed me for a story on blogging. You can now access the series online. The first piece is titled, “Blogging Breakthrough” and the second, focusing more on me, is “A Voice for Change.”