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Monday, September 01, 2008
Ind. Courts - If approved, new local rule would give co-defendants the same judge
Pablo Ros of the South Bend Tribune has a long story today that begins:
SOUTH BEND — On July 21, a few days after he charged four men with carrying out a murder, chief deputy prosecutor Ken Cotter filed a motion in St. Joseph Superior Court for a change of judge.He wanted the same judge to preside over the cases of all co-defendants. It was a request he had made before, but occasionally and informally — orally, not in writing. Over the past few months, however, the prosecutor’s office had made it a habit of filing such motions, seeking justice within the walls of the same courtroom for defendants who had allegedly acted together to commit a crime.
This new approach was symptomatic of a more permanent change on the horizon that was engineered behind the scenes of the courthouse.
Chief Judge John Marnocha said he has submitted for approval by the Indiana Supreme Court a new rule that would provide for the assignment of felony cases in which co-defendants have been charged to the same judge or magistrate. If approved, the new rule, which would apply to all felonies except murder, would take effect Jan. 1.
The new rule is significant because it would make court rulings more consistent and the court system as a whole more efficient and fair, those interviewed for this story said. By tinkering with the current status quo — in which felony cases are randomly assigned to each of four judges through a computerized system — it would help avoid the arguably unfair outcome of a recent criminal case that added fuel to the engine of change.
Those interviewed for this story referred to it as the Park Jefferson case.
Posted by Marcia Oddi on September 1, 2008 11:55 AM
Posted to Indiana Courts