Judiciary committee advances House Bill 1144 with amendments on small‑claims, juvenile and specialty courts; recommitted to appropriations

The Senate Judiciary Committee advanced House Bill 1144, the biennial courts bill, to the Appropriations Committee after adopting multiple amendments that would add or reclassify judgeships, adjust small‑claims eviction venue rules in Marion County and create a Family Recovery Court fund.

Representative Jeter introduced House Bill 1144, saying, “I’m here to bring to you House Bill 11 44 which is our our biannual courts bill.” He told the committee the interim committee on the judiciary had “unanimously approved 9 out of the 10 new courts that were requested.”

The bill drew a series of amendments addressing local court needs. Senator Freeman offered an amendment (No. 6) to incorporate provisions from Senate Bill 327 to raise a Marion County small‑claims filing fee by $26 and share the filing fee among nine township small‑claims courts; Freeman said the change would “share the entire filing fee among the 9 township courts.” That amendment was adopted by consent.

Senator Glick presented an amendment (No. 3) affecting Steuben County that would convert a magistrate position into a superior court judgeship to address a local conflict of interest following the death of a long‑serving circuit court judge and to provide an additional superior court to hear criminal cases generated in the county. Senator Glick described the change as “a minimal cost to the state of Indiana but will assist Steuben County greatly in getting co equal jurisdictions up there.” The committee adopted the amendment by consent.

Other amendments approved by consent included: allowing a full‑time magistrate for Lawrence County Juvenile Court (Amendment No. 7, converting a referee position to a magistrate), and authorizing a magistrate for Delaware County (Amendment No. 4). Committee members said several of those items had already been considered in summer study committees.

Amendment No. 9, offered to change eviction venue for Marion County filings, drew the most debate. The amendment would remove eviction jurisdiction from superior courts and allow eviction actions to be filed in the small‑claims court for the township where the property is located or in a contiguous township within Marion County. Senator Carrasco described the rationale as reducing hardship on residents: the amendment would restore eviction filings to small‑claims court in or near the tenant’s community rather than requiring superior‑court procedures.

Senator Taylor and others noted a recent Seventh Circuit decision had constrained venue practices; Senator Taylor said the amendment’s language would need additional tweaks on second reading to ensure the change did not appear to be forum‑shopping in light of federal appellate guidance. Senator Freeman said he would work on further adjustments on second reading and asked for permission to offer follow‑up changes.

The committee held a roll call on Amendment No. 9. The recorded votes were: Alexander (yes), Buck (aye), Freeman (aye), Carrasco (aye), Glick (aye), Cook (no), Clark (aye), Pohl (aye), Taylor (yes), and Chair Brown (yes). The amendment passed 9–1.

Amendment No. 5 would create a Family Recovery Court fund to assist families involved in child abuse and neglect matters who have co‑occurring substance use disorders. Senator Glick, drawing on prior experience as a prosecutor and as attorney for the Department of Family and Children, said specialty courts focused on families could deliver services better than the current structure. Committee members noted no direct appropriation was available in committee and that further work would occur in appropriations; the amendment was adopted by consent.

Two judges testified in support of the bill. Daniel Kelly, Vigo Superior Court judge, told the committee Vigo County’s juvenile docket had increased substantially, saying the court now had “about 4 and a half times the number of CHINS cases … than we had in 2010.” He said magistrate Matt Efner has been working “70 to 80 hours each week” to manage the caseload. Christine Osterday, judge of Elkhart Peer Court No. 1, also testified in support and answered committee questions about local needs.

After adopting the amendments, the committee voted to move the bill as amended and recommit it to the Appropriations Committee for funding decisions. The roll call on the motion to move the amended bill recorded the following votes: Alexander (yes), Buck (aye), Freeman (aye), Carrasco (aye), Glick (aye), Cook (aye), Clark (aye), Pohl (aye), Taylor (yes), and Chair Brown (yes). The motion passed 10–0 and the bill was recommitted to appropriations.

The committee chair said accepting a broad set of amendments would allow a more comprehensive review of court allocations and formulas on subsequent consideration.

Votes at a glance • Amendment 6 (Marion County small‑claims fee; incorporate SB 327 language): adopted by consent; outcome: approved. • Amendment 3 (convert a Steuben County magistrate to a superior court judgeship): adopted by consent; outcome: approved. • Amendment 7 (Lawrence County Juvenile Court magistrate appointment): adopted by consent; outcome: approved. • Amendment 4 (Delaware County magistrate): adopted by consent; outcome: approved. • Amendment 9 (Marion County eviction venue — allow filing in property township or contiguous township): roll call 9–1; outcome: approved. • Amendment 5 (create Family Recovery Court Fund): adopted by consent; outcome: approved. • Final motion to move HB 1144 as amended and recommit to Appropriations: roll call 10–0; outcome: approved and recommitted.

What’s next The bill will go to the Appropriations Committee for funding review and any necessary conforming language changes on second reading; several senators signaled they expect to file technical or venue‑related tweaks before the next hearing.