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Thursday, October 28, 2010
Ind. Courts - Plaintiff "claims the fees or 'donations' paid by defendants amount to extortion"
Vince Luecke, editor, Perry County News, has a long story today; here are a few quotes:
PERRY COUNTY – A Perry County woman is challenging in Perry Circuit Court the legality of fees paid by defendants pleading guilty in some criminal cases.The suit names as defendants County Prosecutor Robert Collins and Perry County, as well as the Perry County Law Enforcement Fund and the Perry County Substance Abuse Committee.
Laura Truelove filed the case through her attorney, Bart Betteau of New Albany.
In the suit, which presents only the plaintiff’s argument, Truelove claims the fees or “donations” paid by defendants amount to extortion.”
Defendants in some criminal cases can make donations to either the substance abuse committee or the law enforcement fund.
The committee returns the money as grants to groups active in drug and alcohol abuse prevention. The law-enforcement fund has been used to purchase equipment for law-enforcement agencies.
According to the suit, Truelove entered into a plea agreement that required her to make a donation to either the Perry County Law Enforcement Fund or the Perry County Substance Abuse Committee. Truelove claims the fees are prohibited by the Indiana Constitution.
“The provision regarding donations to the Perry County Law Enforcement Fund and the Perry County Substance Abuse Fee is contrary to law, as no such fee is authorized by the criminal code, unconscionable and unenforcable,” the suit alleges.
Truelove is seeking class-action status for the suit, which if granted, might allow others who have made similar donations to seek damages.
Here is more about the Perry County fund from today's story:
The Perry County Law Enforcement Fund was created in Octo 2005 by the then board of commissioners, the late Terry Lock, Don Sherry and Jody Fortwendel. Collins said the ordinance was drafted by the county attorney and established the Perry County Law Enforcement Fund.“The purpose of the fund is to provide money to aid and assist our law enforcement agencies in Perry County so that offenders rather than taxpayers are paying to fight the war on drugs,” he said. “The fund has saved taxpayers over $160,000.”
“Donations to the fund and the Substance Abuse Committee are only used in cases where the criminal defendant agrees to make a donation instead of paying a fine,” Collins added. “The Indiana Court of Appeals in a 1992 case, which has never been overruled, approved this practice. Judge James McEntarfer approved this procedure and Judge Lucy Goffinet has continued the practice. Also, this donation alternative is used in other counties across the State. None of Indiana’s 92 counties has declared this practice improper.
Posted by Marcia Oddi on October 28, 2010 04:19 PM
Posted to Indiana Courts