WE CAN DO BETTER -12

WE CAN DO BETTER – Part 12 

By Alan Miller, Candidate for Judge Superior Court II

 

Probation

Over the past several years, probation officers have also become a larger, much more visible, part of our justice system. While the reasons for this development are unknown, what is clear is that there are ways to decrease their responsibilities and visibility in the courtroom.

 

Reduce maximum sentences and thereby individuals on probation

One problem with plea agreements in Dearborn County is that the vast majority of them call for maximum sentences, typically requiring a large majority of the sentence to be served on probation under the supervision of a probation officer. While there are certainly crimes and circumstances in which maximum sentences are proper, these types of sentences are being handed down even when the facts and the law do not suggest such a sentence is appropriate. This practice creates undue stress on the probation department’s already limited resources by keeping people on probation for extended periods of time, thus increasing the number of cases for which any given officer is responsible.

When elected, the court will not be a rubber stamp. I will strive to ensure that plea agreements presented to the court comply with the law and the sentences called for are proportionate to the specific facts of the crime committed. Over time, this will alleviate the stress placed on the probation department and reduce the operating costs of that department.

 

Probation works for the judge, not the State

If an individual violates the terms of his or her probation, a request to revoke their probation may be filed. In these cases, it is not unusual to see the parties negotiate an agreement to present to the judge. Probation violations are quickly becoming one of the more common proceedings in our courts. In a given week, it is not unusual to see more probation violations filed than new criminal charges. At a recent county council meeting, our elected prosecutor claimed that as many as 100 probation violations were being disposed every month.

Indiana law clearly dictates that the probation department falls under the authority of the court. Despite this, it is not unusual to see the probation officer and deputy prosecutor in charge of case working to formulate a proposal to present to the defense attorney. It is also common practice in this court for the probation officer to sit at the same table as the deputy prosecutor covering the case. Compare this to the Dearborn Circuit Court, where the probation officer sits at the witness stand, directly next to the judge. While largely symbolic, this demonstrates the relationship between the probation officer and the prosecutor in this particular court.

When elected, I will seek guidance directly from the probation officers as to their recommendations for treatment of individuals on probation. The probation officer is often times the individual who knows the individual on probation best; what they have done and what they can do. They are in the best position to make these suggestions and have the training and experience necessary to do so.

This is the twelfth part of my platform statement; a detailed proposal for how to improve our current justice system. It will be released over the next several months through facebook.com/makeitmiller2012 and makeitmiller2012.com. PLEASE feel free to forward this to your friends and family.
Thanks for your continued support!

Alan Miller

Agenda Sept 4 Commissioners Meeting

AGENDA

DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING

 September 4, 2012

6:00 p.m., Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana

 

I.              CALL TO ORDER 

II.             PLEDGE OF ALLEGIANCE 

III.            OLD BUSINESS

1.  OKI Funding Contract / Agreement  

IV.           NEW BUSINESS

1.  Assessor’s Contract Revision – Gary Hensley

 

V.            HIGHWAY DEPARTMENT

A.  Highway Superintendent – Tim Greive

            1.  Updates 

B.  Highway Engineer – Todd Listerman

            1.  Updates  

VI.           ADMINISTRATOR –  Teresa Randall

            1.  Fire and EMS Updates

2.  Jail Project – Preliminary Design Presentation

 

VII.          AUDITOR – Gayle Pennington

1.  Claims/Minutes

 

VIII.         ATTORNEY – Andy Baudendistel

 

IX.           COMMISSIONER COMMENTS 

X.            LATE ARRIVAL INFORMATION            

XI.           PUBLIC COMMENT 

XII.           ADJOURN

ORAL ARGUMENT SCHEDULED FOR DAN BREWINGTON APPEAL

IN THE

COURT OF APPEALS OF INDIANA

AUG 21 2012

DANIEL BREWINGTON, Appellant,

vs.  CAUSE NO: 15A01-1110-CR-550

STATE OF INDIANA,

Appellee.

 

ORDER SCHEDULING ORAL ARGUMENT 

The Court FINDS AND ORDERS AS FOLLOWS:

 

1. This matter is scheduled for Oral Argument for the following date, time, and place:

Wednesday, November 21, 2012

11:00 a.m. (Indianapolis Time)

Indiana Court of Appeals Courtroom

Statehouse, Room 413

Indianapolis, Indiana, 46204

2. Attorneys who plan to sit at counsel's table should arrive at least fifteen (15) minutes before the scheduled start of the argument.

3. The argument is scheduled for web-cast at www.IN.gov/judiciary and will be televised on a monitor outside of the Court of Appeals Courtroom.

4. Each side will be allotted twenty (20) minutes for argument.

5. The scheduled panel members are Judges Friedlander, Brown, and, Senior Judge Darden.

6. The contact person for the Court is Martin DeAgostino at (317) 234-4859.

7. In accordance with Indiana Appellate Rule 52 (C), counsel of record shall file with the Clerk an acknowledgment of this order no later than fifteen (15) days after service of the order.

8. The parties are reminded to comply with Indiana Administrative Rule 9(G)(4)(a)(ii).

So ordered this 21st day of August, 2012.

FOR THE COURT,

Margret G. Robb

Chief Judge

Judge Humphrey's Memo to the Bar on Continuances

Memo

May 31, 2012

TO: All Members Of The Bar

FROM: Judge Humphrey

RE: Continuances

The Court has recently received a significant number of continuances filed the day before, or shortly before, the scheduled hearing date. First of all remember that the filing of a continuance does not mean that it is going to be granted. Approval must be given by the Court. Counsel should also be aware of Local Rule TR9.

“Any motion for continuance filed within two (2) weeks of the trial, hearing or other Court matter will be denied unless personal appearance is made by both counsel, in Court, explaining the necessity for the continuance. In extreme emergencies the Court may grant exceptions to this Rule.”

Last minute continuances create significant inconvenience for the parties and opposing counsel. These last minute continuances also create a significant issue with the Court’s calendar. Therefore, counsel should expect that the filing of last minute continuances, in the future, will not be looked upon favorably by the Court.

Please contact me if you have any questions.

WE CAN DO BETTER – Part 11

WE CAN DO BETTER – Part 11

 

By Alan Miller, Candidate for Judge Superior Court II  

All other attorneys 

Attorneys share with defense attorneys the same duty to keep everyone in the system honest. There are steps that can be taken to better the quality of representation in Dearborn County. 

Rules must be followed 

The proposed rules regarding hearing times and continuances previously set forth in this Statement will apply to all attorneys appearing before the Court. Attorneys must also come to court prepared. If it is clear an attorney has not prepared or is not ready to proceed with a particular matter, court will be stopped while that attorney brings himself up to speed. 

Additionally, if a document presented to the court by any party---police officer, prosecutor, or attorney---does not meet basic standards of grammar, punctuation or accuracy, it will be returned to the filing party and will not be accepted until the appropriate corrections have been made, and it is acceptable for presentation to the court. Make no mistake: I do not expect every document submitted to the Court to be Moby Dick. However, I do not believe it is too much to ask for a document to include the correct names of the parties involved or the correct court in which the case is being heard. While this will be perceived as being nitpicky, this is incredibly important: if an individual presenting documents to the court does not take the time to make sure they look and sound correct, how do we know anything else they did---the investigation, the research supporting their position---is accurate?  

Regarding the Office of the Dearborn County Prosecuting Attorney - Decisions must be made in a timely manner. Delay is not an acceptable tactic. 

Our elected prosecutor partly blames our county’s growth for the perceived increase in crime over the past several years. Even granting this assumption, our prosecutor demonstrates a failure to grasp a larger point: the prosecutor’s office can no longer be run as it were 30 years ago. Instead, processes and procedures must be updated to reflect the changes in our county.  

For example, one charged with a lower-level offense or first-time minor offenders in a larger, more populated county may see a judge once. Their case is often disposed within a couple of hours after their arrest. This is largely because the prosecuting attorneys in those counties recognize that if they let a large number of these types of cases drag on for months on end, the work of the office will grind to a halt. I do not believe that drive-thru justice is acceptable or is appropriate for our county. However, there are lessons to be learned from this approach that can be applied to better our justice system.

 

Some of our current deputy prosecutors delay any type of decisions, forcing individuals incarcerated on even the most minor of charges to wait in jail for weeks or months until the defendant will agree to any resolution offered, just to get out of jail. 

The vast majority of cases in Dearborn County are settled by plea agreements: agreements between the State and the defendant to set and specific terms. These agreements must be presented to the judge for his or her approval. If the court approves the agreement, its terms are set and cannot be changed. Since this is the case, delaying decisions regarding plea offers or waiting until the last minute to make a reasonable offer slows our justice system substantially. 

If elected, I will do everything in my power to ensure that cases move along as efficiently as possible within the confines set forth by the United States Constitution and the Indiana Constitution.  

This is the eleventh part of my platform statement; a detailed proposal for how to improve our current justice system. It will be released over the next several months through facebook.com/makeitmiller2012 and makeitmiller2012.com. PLEASE feel free to forward this to your friends and family.
Thanks for your continued support!

Alan Miller

Dan Brewington’s Letter to his Daughters

Dan Brewington’s Letter to his Daughters Marking Three Years Since He Has Seen Them.

To follow this link you may have to hold down the CTRL key and click on the link.

http://www.danbrewington.blogspot.com/2012/08/letter-to-my-daughters-3-years-after.html

 

COUNCIL BUDGET MEETINGS AUGUST 28-30

Budget Meetings (For Year 2013)
August 28 - 30
NOTE: This is a tentative schedule per Auditor's office

August 28th, Tuesday

8:30 AM
8:45 AM Soil and Water-Brad Dawson & Rita Cutter
9:00 AM
9:15 AM Auditor-Gayle Pennington
9:30 AM
9:45 AM Regional Sewer District-Steve Renihan
10:00 AM
10:15 AM Veteran's Service Officer-Mike Burgess
10:30 AM Community Corrections-Terri Dillard (if council wants)
10:45 AM Circuit Court Probation-Steve Bradley
11:00 AM
11:15 AM
11:30 AM Circuit Court-Judge Humphrey
11:45 AM
Break for Lunch 12-1 pm
1:15 PM
1:30 PM Coroner-Wes Holt
1:45 PM Juvenile Center-Traci Agner & Beth Blair
2:00 PM Prosecutor-Aaron Negangard
2:15 PM Animal Control-Marlene Underwood
2:30 PM Sheriff/Jail-Mike Kreinhop
2:45 PM
3:00 PM
3:15 PM
3:30 PM
3:45 PM
4:00 PM
4:15 PM
4:30 PM

August 29th, Wednesday

8:30 AM
8:45 AM Building Department-Bill Shelton
9:00 AM Planning and Zoning-Mark McCormack
9:15 AM Health Dept-Dr Scudder
9:30 AM EMA-Bill Black
9:45 AM Maintenance-Eric Hartman
10:00 AM
10:15 AM
10:30 AM Recorder-Glenn Wright
10:45 AM
11:00 AM
11:15 AM
11:30 AM Superior Probations-Jennifer Lyness
11:45 AM Superior Ct 2-Judge Blankenship
Break for Lunch 12-1pm
1:15 PM
1:30 PM Historical Society--Chris McHenry
1:45 PM
2:00 PM
2:15 PM
2:30 PM Convt Visitor's Bureau-Debbie Smith
2:45 PM
3:00 PM Park Board-Jim Red Elk & Steve Walker
3:15 PM
3:30 PM
3:45 PM
4:00 PM
4:15 PM
4:30 PM
August 30th, Thursday

8:30 AM
8:45 AM Highway-Todd Listerman and Tim Greive
9:00 AM
9:15 AM Commissioners-Terri Randall
9:30 AM
9:45 AM
10:00 AM Surveyor-Dennis Kraus
10:15 AM
10:30 AM 911 Communications-Charlie Ashley
10:45 AM
11:00 AM
11:15 AM County Extension Office-Mike Hornbach
11:30 AM Lifetime Resources--Dawn Landwehr
11:45 AM
Break for Lunch 12-1pm
1:15 PM
1:30 PM
1:45 PM
2:00 PM
2:15 PM
2:30 PM
2:45 PM
3:00 PM
3:15 PM
3:30 PM
3:45 PM
4:00 PM
4:15 PM
4:30 PM

August 31st, Friday
open but no one scheduled yet

21 August 2012 Dearborn County Commissioners Meeting Notes

21 August 2012 Dearborn County Commissioners Meeting Notes

Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry

Also present: Gayle Pennington, Auditor, Teresa Randall, County Administrator, and Andy Baudendistel, Attorney.

OLD BUSINESS:

Maintenance for Dearborn County Vehicles - removed from agenda until November or when Terri Randall feels it necessary to add it again.

Whitewater Canal Scenic Byway - Randall recommended the county withdraw their support as their INDOT contact changed jobs and is passing it on and she thinks we are holding the Byway people in limbo. There are too many unclear issues on liability, in-kind services, etc. Because they are without guidelines from INDOT commissioners decided to withdraw their being lead agency for the Canal scenic Byway project at this point.

OKI Funding Contract Agreement- Randall said she researched  SIRPC and OKI and there is no overlap of their funding sources etc. She said OKI funding historically has been a good deal and we get our contribution back several times over in thongs they do for us. She wants to table this to get them on our calendar year and not their version which is their fiscal year. They could extend the current agreement thru Dec. as an option. Hughes is concerned about the $90,000 OKI spent for the Water project being considered a benefit as it is still tied up with IDEM. Commissioners are leaning toward getting it in line with our calendar budget year. They will talk about it next meeting.

Jail Architect Contract - Randall and Baudendistel went over this AIA contract and eliminated the clause that had the architect getting a percentage of the POTENTIAL profits should the building be discontinued for some reason. Fee is $425,000 over the life of the project for the architects. It is broken down by phases. $ 359,900 for the construction manager. There are no fees for either architect or manager for reimbursables. Rossert International is the architect. Commissioners awarded the contract and signed it.

NEW BUSINESS:

Carla Burkhart- LifeTime Housing property Lien releases for owner occupied rehabs they have accomplished. This allows owners to sell homes if they wish. She will have more in September. They were able to apply for an additional grant for $405,000 to do 20 homes in their service area. Approximately 5 homes in the county will be done. Commissioners signed the lien releases.  

Ratify Signature on Special Crimes Unit Grant Application- Shane Henry said this is a grant to work with drug endangered children and funding for analyzing data and overtime for some officers. He said their administrator has been working on this grant and didn’t just bring it in last minute because they hadn’t worked in it. Hughes had already signed it and Orschell and he ratified it. McHenry did not vote.

Absentee voting Location Change- Phil weaver said they are using a vacant room in the courthouse to do this as it is easier to staff than the library as before. They will send a thank you to library when they cancel their reserve over there. No vote needed- Clerk just notifies the commissioners.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer- said that there was a concern about paving dead end and to chip seal roads in the county. Millings were available in the past that are not available now. First they did all the thru roads they could. They did some dead ends near the millings sites like those off Yorkridge. Now they will go to county council for budget to request a fund for upgrading some more of the gravel dead end roads in the county. Roads that get done will have to be close to where the millings are available to avoid trucking costs. They do have a priority list. The millings at Penntown can be used but they are not as good as the milling as they have had available in the past. Jurgenson owns the Penntown millings. Lutz, Bulach, and Bitner were three priorities in each section of the county. For example, Wessler Rd would cost $31,000 plus $7000 to chip seal for 6 inches. They like to do 8-10 inches. That’s about $40,000. They use state approved mixes for county roads.

They are also asking for bridge and slip money. Mt Pleasant and others will require a lot if state money requests for slips.

We have about 45 miles of county roads that are not paved. There are 15 that are chip sealed and 30 are gravel of that 45 mile set. A gravel road can be graded, but chip seal cannot.

Swales Drive was left off inventory at 0.08 miles in 1995 when Picnic Woods was accepted. County needs to add this. Commissioners approved.

The following  5 roads are to be taken off the county maintenance inventory, but not giving up county ROW: Chapin stub 0.03 miles Depot Road off Volz Rd. 0.06 miles, Darling Rd 0.06, Ridge Road 0.21 miles, Twin Oaks 0.06 miles ,and reduce  Brady Anderson Rd off Long Branch from .37 to  0.08 miles. Commissioners approved.

School flashers INDOT acceptance letter was approved. This should be the last to sign for this project. Commissioners signed off.

St Leon has requested the county do the driveway inspections for them to size culverts etc. they do about 3 or so a year. The highway dept gets the fee same as Building Inspector does. Baudendistel will have t he interlocal agreement drawn up.

Hughes asked Steinmetz for his comments and Steinmetz was very unhappy that Wessler Road was not a top priority for millings. Mrs. Wessler was upset that they have come to so many meetings and nothing is happening. Vote for the boat and we’ll fix your roads. She said this was not progressive. And this was not fair. She said you have designated smoking areas here and over 10 years I lived with dust every day. They want some of the money that was left over from the Weisberg road project. He asked Todd how he could prioritize Wessler as number 4. Listerman said- I have 45 miles of roads that are like yours. I look at numbers of homes and miles of road. If a road has 9 residents and another has 3, then I have to recommend the 9 homes vs.3 first. Was the road gravel when you bought the property? Orschell said that even if people aren’t at the meeting, they are calling us commissioners about their roads. Steinmetz said that Council told him Commissioners have to ask for it. Listerman said he does ask for it- but the amount of taxes coming in only allow for a lower budget. Our tax revenue has not increased since 2000. Money to maintain and upgrade roads is now being used for operations. McHenry told them that we are asking for additional money for this. Mrs. Wessler asked where the money is. McHenry said- like with the salt not used last year, we will see savings this winter UNLESS we have a bad winter. Steinmetz said they are tired of waiting- “One more years has turned unto 10 more years. That’s all I have to say.”  Highway Dept is at Budget hearings on Thursday Aug 30^th morning.

Replacement of bridges at 4 sites and they are getting designs for these. 6 companies sent in proposals. They also get fees with proposals. Fuel Pettit Bender and Hauser bid $35,700 for one bridge. $54,454, $56,050, and$ 56,500 from Howard Barth for the other 3 bridges. Commissioners recommended they get the contracts ready for signatures on these projects as recommended by the Bridge Review Committee.

Tim Grieve, Highway Superintendent- Chris Durham is being promoted to foreman. He has worked for the highway dept for several years and lives in Manchester. Durham said he’s ready to step up to the plate and prove himself to the commissioners. Looking forward to starting.

$84,197.91was the low bid from Schirk ( sp?)  International from Greensburg for a single axle tandem chassis. These can be used in subdivisions. It’s a replacement from their replacement list. They are looking at a Chambers tractor mower that can be used on embankments etc. they have more mobility. Smith Implement- Greensburg bid was $52,072.32 for the whole mower package.

Hughes asked about someone who had complained about corn at an intersection blocking his view at Mt Tabor and a resulting accident. Have to see if the corn was in the ROW.

ADMINISTRATOR: Teresa Randall- Contract with Harrison for Fire and EMS. She and Orschell visited with them. They looked at the other area fire EMS depts. and they don’t have the ability to cover all this. She recommends they renew this. The contract was to be a 3 year contract from 2011 thru 2013, but it has language that ends it Jan 1 2013. Math is wrong. It should end Dec 31, 2013. We could never provide the services for the price that Harrison provides. They will run the contract thru 2013 and get our attorney to draft an agreement to clarify our current contract dates. $111,898.00 per year is the fee for Harrison’s services. Commissioners signed the agreement. They will then go to Harrison to get their signature. Orschell supported this and said that we can work towards working something out in the future perhaps. Randall said they should work with Township Trustees on the Fire dept. issues for the future.  Harrison needed to know as they are in their budget approval process also.

Tara Cunningham sent a letter from SIEOC- SE Ind Economic Opportunity Corp. Sonya Kaffenberger is up for reappointment to that board. Commissioners approved.

Sat Oct 13- Surplus Vehicle auction – 16 surplus vehicles with no one wanting any of these remaining vehicles. A dump truck and a wheel chair power lift to a van etc. are also there. 

GRW Engineering requires soil borings at Wilson Creek and US 50 for the Aurora sewer line. Commissioners were OK with this.

Hoosier Square staircase building is proceeding- started Monday.

AUDITOR: Gayle Pennington presented Claim which were approved and signed by commissioners.

2013 Employee Holiday Calendar- Commissioners approved. Judges need it in advance. Since there are no elections in 2013 the employees also get two floating personal days.

ATTORNEY: Andy Baudendistel- Ordinance on firearms qualifications for the Merit Board for retiring officers. There is a $10 fee for training the officers to have the firearm on retirement. Signed and approved.

7.1-5-12-13a does not restrict the county from adopting an ordinance more restrictive that the state code on smoking. Ordinance restricting smoking on county property and county vehicles was approved and signed.

Transferred old lease radios to Aurora for $1. Resolution 4 signed to allow this. Then Stratman will get Aurora to sign.

Moores Hill Resolution 5 for the light bar for $1 was signed.

Baudendistel did not know if L-bg had signed the interlocal agreement on the Votaw demolition last night at their meeting.

COMMISSIONER COMMENTS- Hughes said Marty Hon has become Work Force 1 Chairman. He extended his appreciation to him. They will try to have a meeting in Dearborn County in January per Hon.

McHenry wanted to see if the burn ban was going to be rescinded soon.

LATE ARRIVAL INFORMATION- Recorder’s Office is getting the Probation dept. calls as it is being advertised on Google per Glen Wright. Teri Randall will follow up on it. Commissioners will send a letter to Google on this to officially change it.

PUBLIC COMMENT- none

Meeting adjourned at 11:14 AM

Christine Brauer Mueller

Lawrenceburg Township

PLAN COMMISSION AGENDA 27 AUGUST 2012

PLAN COMMISSION

AGENDA

Monday, August 27, 2012

7:00 P.M.

A. ROLL CALL

B. ACTION ON MINUTES

C. OLD BUSINESS SCHEDULED TO BE RE-OPENED

1. Proposed changes to the Dearborn County Zoning Ordinance.Article 17, Section 1720: Plot Plan Requirements

Article 25, Section 2516: Location of Accessory Structures or Use

D. OLD BUSINESS TO REMAIN TABLED

E. NEW BUSINESS

1. Tucker Development requests a 1-year extension on the financial guarantees for Old

Orchard Subdivision.

2. Proposed changes to the Dearborn County Zoning Ordinance.

Article 21: Off-Street Parking & Loading

Article 22: Landscaping, Buffering, Screening, & Fences

3. Proposed changes to the Dearborn County Subdivision Control Ordinance.

Article 2, Section 200: Subdivision Types (Exemptions)

4. Proposed changes to the Plan Commission Fee Schedule

F. ADMINISTRATIVE

Financial Guarantee Report

Agenda August 21st Dearborn County Commissioners Meeting

AGENDA

DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING

 August 21, 2012

9:00 a.m., Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana

I.              CALL TO ORDER 

II.             PLEDGE OF ALLEGIANCE 

III.            OLD BUSINESS

1.  Maintenance for Dearborn County Vehicles (tabled)

2.  Whitewater Canal Scenic Byway (tabled)

3.  OKI Funding Contract / Agreement (tabled until Aug 21^st)

4.  Jail Architect Contract (tabled) 

IV.           NEW BUSINESS

1.  LifeTime Housing – Carla Burkhart

            Property Lien Releases

            2.  Ratify signature on Special Crimes Unit Grant Application

            3.  Absentee Voting Location Change – Phil Weaver

V.            HIGHWAY DEPARTMENT

A.  Highway Superintendent – Tim Greive

            1.  Updates 

B.  Highway Engineer – Todd Listerman

            1.  Updates

VI.           ADMINISTRATOR –  Teresa Randall           

VII.          AUDITOR – Gayle Pennington

1.  Claims/Minutes

2.  2013 Employee Holiday Calendar 

VIII.         ATTORNEY – Andy Baudendistel 

IX.           COMMISSIONER COMMENTS 

X.            LATE ARRIVAL INFORMATION            

XI.           PUBLIC COMMENT 

XII.           ADJOURN

The flypod.com INTERVIEWS ALAN MILLER, CANDIDATE FOR JUDGE SUPERIOR COURT 2

The flypod.com INTERVIEWS ALAN MILLER, CANDIDATE FOR JUDGE SUPERIOR COURT 2

Last week, Alan Miller was interviewed for theFlypod.com's Politically Correct Podcast.

Please take some time to listen to it and forward it to your friends and family!  The interview can be found here:

http://indiana.theflypod.com/episodes/alan-miller-d/

Follow the campaign on facebook.com/makeitmiller2012 and makeitmiller2012.com. PLEASE feel free to forward this to your friends and family.
Thanks for your continued support!

Alan Miller

flypod.com INTERVIEW WITH SALLY BLANKENSHIP, JUDGE SUPERIOR COURT 2

JCAP & Drug and Alcohol Court Friday, July 20th, 2012

Podcast (Duration: 25:22 — 14.5MB)

Host Gary Puckett interviews Judge Sally Blankenship of Superior Court II. They discuss the JCAP program and the Drug & Alcohol Court. 

Listen to host, Gary Puckett's interview with Judge Sally as they discuss the JCAP program and the Drug & Alcohol Court.

http://theflypod.com/episodes/jcap-drug-court/

LETTER TO G MICHAEL WITTE REGARDING MISSING TRANSCRIPTS IN BREWINGTON CASE FROM DEARBORN COUNTY

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WE CAN DO BETTER – Part 10

WE CAN DO BETTER – Part 10

By Alan Miller, Candidate for Judge Superior Court II 

Fairness and Defense Attorneys 

There are problems within the county court system. In the next several weeks, I will post my proposals that outline how I think we can do better. 

Today, I will continue to discuss my proposals related to fairness in the courts. 

No public defender appointments at initial hearing 

Currently in Dearborn Superior Court II, public defenders are often appointed at a defendant’s initial hearing, the hearing at which one is advised of the crimes with which they have been charged. As an illustration, I will again reference the period of December 1, 2011 through May 31, 2012, discussed in Part 9. During this period of time, public defenders were appointed in 186 of 523 cases filed in Dearborn Superior II. Of these 186 cases, 131 cases were assigned public defenders at the initial hearing, or 70% of the time.  

While it is commendable to see to it that an attorney is appointed as soon as possible in one’s case, it also increases the reliance on public defenders. Additionally, it takes the decision as to whom a defendant may wish to hire as an attorney away from the defendant, instead placing that decision in the hands of the judge. Not only does this create issues in the marketplace, it is also a practice that is ripe for abuse. In some instances, public defenders are appointed to individuals who have already posted a bond, displaying the means necessary to hire their own attorney.  

When elected, I would like to adopt the approach already in place in Dearborn Superior Court No. 1. There, the court often gives the individual a short period of time to seek out private counsel of their own choosing before selecting an attorney for them. This ensures that the person truly cannot afford an attorney before burdening the taxpayer with a public defender appointment. I would also revisit a public defender appointment where the individual had posted a bond. If they have the money necessary to secure their release, they could very well have the money to hire their own attorney at their own expense, not that of the taxpayer.  

This is the tenth part of my platform statement; a detailed proposal for how to improve our current justice system. It will be released over the next several months through facebook.com/makeitmiller2012 and makeitmiller2012.com. PLEASE feel free to forward this to your friends and family.
Thanks for your continued support!

Alan Miller