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Monday, May 04, 2009

Ind. Courts - More on: Marion County reportedly suspends bench warrants for delinquent parents [Updated]

Following up on this ILB entry from Feb. 6th, Jon Murray of the Indianapolis Star today continues his reporting on this issue. The headline: "Warrants for deadbeat parents may return: Bill includes OK to issue them in child-support cases":

Warrants that threaten a stay in jail for deadbeat parents could be restored as an option in child support cases under a bill adopted by the state legislature.

Marion Superior Court judges drew protests from the prosecutor and some parents this year when they purged more than 4,100 noncriminal warrants, more than half issued against parents who had shirked child support payments. The judges questioned whether Indiana law permitted the common practice of issuing such warrants directly from the bench.

A provision tucked in an omnibus child-services bill would allow the practice for child support cases, spelling out a contempt process that includes bench warrants. It doesn't address such warrants in other situations, such as when witnesses ignore subpoenas to testify in court.

The bill won final approval from both chambers of the General Assembly on the last day of the session and awaits Gov. Mitch Daniels' signature; it would take effect July 1. * * *

Bench warrants show up in a statewide computer system alongside other arrest warrants, posing a larger threat to targets than other court orders. For those facing warrants, being stopped for speeding or running a red light could trigger their arrest.

[Marion County Prosecutor Carl] Brizzi and parents long frustrated with the child support enforcement system protested the Marion County court's action earlier this year [to purge the warrants]. Brizzi asked Indiana Attorney General Greg Zoeller for an advisory opinion, but Zoeller urged him to seek a solution through the legislature, said Helen Marchal, Brizzi's chief of staff.

The Indiana Prosecuting Attorneys Council lobbied the legislature for the fix. The measure wouldn't reinstate the purged warrants, but it would allow new ones.

Brizzi's office plans to work on a bill next year to address bench warrants for other situations, including missing witnesses.* * *

Presiding Judge Robert Altice said he would feel more comfortable if Indiana law addressed bench warrants more fully.

Murray's story includes a side-bar on how it would work:
Under the new rules passed by both houses of the legislature and awaiting the governor's signature, those who have fallen behind in child support payments could face a warrant for their arrest. A judge first would order a parent to attend a hearing to show why he or she shouldn't be held in contempt of court for violating a support order. If the parent doesn't show up, the judge could issue a bench warrant, setting an amount that would be paid to the clerk as a kind of bail and that could be applied toward child support.
What is this bill? It is SEA 365. A copy of the enrolled act is not yet available, but you can read the text here in the Conference Committee Report, on p. 12, SECTION 12.

[Updated at 5:30 PM] The Enrolled version of SB 365 is now available here. SECTION 12, which adds the new IC 31-16-12-6.5, begins on p. 10 of this PDF version.

Posted by Marcia Oddi on May 4, 2009 08:38 AM
Posted to Indiana Courts