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Tuesday, October 10, 2006

Ind. Courts - More on: Fix protective orders, writes Fort Wayne newspaper

Last Wednesday the Fort Wayne Journal Gazette had an editorial (quoted here in the ILB) commenting on the entry of data into the dtatbase systems.

Today Therese M. Brown, clerk of the Allen Circuit and Superior Courts, responds in a letter to the Journal Gazette. A quote:

The editorial accurately stated that “victims also need to know that they mustprovide as much information as possible when they file a protective order.” It is essential that these individuals understand that this vital information is needed before a complete order issuing protection can be entered into the numerous databases.

It should also have been mentioned that many victims do not know their assailant well enough to know specific, vital information (Social Security numbers and dates of birth) when filing a petition for protection.

The instruction from the Indiana State Court Administration to a victim reiterates that this information is needed or the “court or clerk will not be able to file this case.” The only recourse then would be to not accept the filing, place the victim in danger, yet meet 100 percent of the standards being discussed in the editorial.

Fortunately, Allen County has long taken the position to err on the side of the victim and accepts the filing with whatever information is made available. I believe that it is not only appropriate but the moral and ethical thing to do for those in need. This office has worked diligently in the past and will continue to do so in the future with the Allen County Sheriff’s Department and the Allen Superior Court to assist those needing protection. * * *

In my discussion with the editorial writer, I agreed that there must be more flexibility with both statewide and federal systems. It must be stated that all available information is placed into the Spillman network, available to local police officers.

I also agree that state created and required protective order forms should be made more user-friendly. A point that was not mentioned in the editorial was that, in an attempt to place as much information in the hands of the officer on the street, Chief Deputy Ken Fries and I have discussed that additional information (distinguishing marks, tattoos) should be placed into the local Spillman network, and to my understanding that is taking place. Furthermore, he is investigating whether information at the time of booking can complete the necessary requirements to update National Crime Information Center and Indiana Data and Communications System .

It is important to express that only 1 percent of protective orders issued fail to have the necessary information for placement into either the state or federal systems.

Posted by Marcia Oddi on October 10, 2006 01:29 PM
Posted to Indiana Courts