Ogden stated, “While I like and have the utmost respect for Judge Bill Young, the principle that justice should be freely administered and not come accompanied by the threat of a fine, is simply too important to ignore. Everyone who comes to court, even those charged with minor parking or traffic offenses, has a constitutional right to his or day in court without being severely penalized for exercising that right.”
The lawsuit also notes that the Traffic Court’s additional practice of closing its courtroom to the public is unconstitutional.
In the legal complaint, Ogden asks that Court enter an order prohibiting the Traffic Court and Parking Violations Court from imposing fines on defendants for challenging their and that the money collected from such practice be returned. The lawsuit also asks that the Court order the end to the closed courtroom in Traffic Court.
Ogden noted that, while the lawsuit was filed in Marion County Superior Court, the Plaintiffs will be exercising their right to have the case transferred to an adjoining county. Ogden expects that, ultimately, the Indiana Court of Appeals or Indiana Supreme Court will have to decide the constitutionality of the courts’ practices.