[DOWNLOAD] "State Indiana v. Starke Circuit Court" by Supreme Court of Indiana No. 780S210 " eBook PDF Kindle ePub Free

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eBook details

• Title: State Indiana v. Starke Circuit Court
• Author : Supreme Court of Indiana No. 780S210
• Release Date : January 23, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

This cause is before us by virture of relator's petition for a writ of mandate and prohibition against respondents, the Starke Circuit Court and the Honorable Marvin D. McLaughlin as Judge of that court. At the heart of this case is a question concerning the constitutionality of Ind. Code §§ 33-4-1-74.3 -- 33-4-1-74.9 (Burns Supp. 1980). These statutes concern the appointment of a master commissioner by the circuit court Judge, and the commissioner's exercise of certain duties authorized by the sections in question. On July 21, 1980, this Court issued a temporary writ of mandate to the Starke Circuit Court and Judge McLaughlin. This opinion is in furtherance of those proceedings, and with this opinion we order that the writ of mandate shall be made permanent. In addition, we grant the petitions for leave to appear as amici curiae filed by the Vanderburgh and St. Joseph Circuit Court. As we shall explain, we find certain statutory provisions to be violative of established principles found in the Indiana Constitution concerning the operation of the judiciary. The procedural facts giving rise to this action may be summarized as follows. On March 3, 1979, Roger Lee Smith, relator in this original action, filed a petition for dissolution of marriage against his wife, Wanda Smith, in Starke Circuit Court. The previously appointed commissioner of the Starke Circuit Court, David P. Matsey, purported to act as the Judge in the Smith marriage dissolution case. It is not disputed that Matsey performed the following acts pertaining to the resolution of the Smith case: signed the entry of filings; ordered hearings; ruled on motions; heard evidence and tried the cause as Judge; entered judgment in the form of a decree on November 7, 1979; entered an amended judgment on January 31, 1980; and overruled the motion to correct errors. It is also not disputed that Matsey, in performing these acts, did not purport to act as a special Judge or as Judge pro tempore of the Starke Circuit Court. Matsey purported to adjudicate this matter solely in his capacity as Master Commissioner of the Starke Circuit Court.

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