Friday, March 26, 2010

03262010 - Indiana Trial Rule 53.1 - Failure To Rule / Lazy Judge Rule



I had the final hearing in my divorce case in January 2010. My divorce attorney [Former Portage City Attorney, John Rhame], informed me that Magistrate Johnson was known to take his time in issuing final rulings and I should be prepared to wait at least a year for Johnson's decision.

Under Indiana Trial Rule 53.1, a Judge must issue a ruling on a case within thirty days. Insted of Attorney Rhame reporting Johnson's failure to issue a final ruling, Rhame told me that he and other attorneys just accepted Johnson's uneithical practice....As if they didn't want to rock the political boat.

Attorney Rhame discouraged me from filing a complaint under the Indiana Lazy Judge Rule. His main concern was that Johnson would rule on my property settlement, but with prejudice, due to me having filed the Lazy Judge Rule.

Instead, I contacted the Indiana Judiciary Commission [April 26, 2010] and notified them of Johnson's failure to issue a timely ruling in my divorce case. The Commission investigated and discovered that Johnson was finalizing divorces without property settlements...And was failing to issue decisions on the property settlements. The Commission discovered that Magistrate Johnson had failed to issue final settlement orders in more than one-hundred divorce cases.

Reporting Johnson to the Commission cost me dearly.










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