Last UpdatedFRI., OCTOBER 21, 2016 - 3:00 PM

Marion County courts prepare for transition to e-filing this month

Marion County courts will begin e-filing Oct. 28, and before the end of the year, electronic filing will be mandatory. But that hasn't stopped some people from asking those facilitating the change, “Are you actually going to do this?”More.

Supreme Court appoints professor to JLAP board

Indiana University Maurer School of Law professor Inge Van der Cruysse has been appointed to the Judges and Lawyers Assistance Program Committee, the Indiana Supreme Court announced in an order this week.More.

Southern District seeking public comment on proposed rule amendments

The U.S. District Court for the Southern District of Indiana has opened a period of public comment on amendments to certain local rules.More.

USA Track & Field counsel discusses Olympic trademarks, doping rules with law students

Olivia Covington
The most important legal consideration of the Olympic Games is the protection of intellectual property – specifically, the protection of the trademarked five Olympic rings.More.

In This Issue

OCT. 19-NOV. 1, 2016
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Marion County courts will begin e-filing Oct. 28, and before the end of the year, electronic filing will be mandatory. Gov. Mike Pence hasn't said whether he'll appeal an adverse ruling, but those vying to succeed him don't share his views on blocking Syrian refugees. A life-changing breast cancer diagnosis also changed one lawyer's career outlook.

Top Stories

Marion County courts prepare for transition to e-filing this month

Marion County courts will begin e-filing Oct. 28, and before the end of the year, electronic filing will be mandatory. But that hasn't stopped some people from asking those facilitating the change, “Are you actually going to do this?”More.

Pence mum on continuing anti-Syrian refugee fight gubernatorial candidates reject

Gov. Mike Pence’s fight to keep Syrian refugees out of Indiana may continue — as his term is expiring, he hasn’t said whether he will appeal federal court rulings that his position is discriminatory. Nevertheless, the candidates vying to succeed him as governor oppose the stance he’s unsuccessfully fought for.More.

Lawyer’s breast cancer diagnosis inspires launch of solo practice

It was supposed to be a routine mammogram, just something Mary Foley Panszi had to do. But when she received a breast cancer diagnosis, her life and career changed.More.

Trend of in-house counsel doing more internally likely to continue

Since the Great Recession and possibly a little before, businesses have been relying less on outside counsel and using in-house attorneys more to work on legal matters. The main drivers behind the trend are companies’ desire to save money as well as to increase efficiencies in getting work done.More.

Bench, bar rally behind prosecutor facing discipline

The Indiana Supreme Court Disciplinary Commission brought a formal complaint against Johnson County Prosecutor Bradley Cooper for press comments attributed to him in reaction to a judge's grant of post-conviction relief for convicted murderer Michael Overstreet. A parade of character witnesses traveled to a distant hearing to rally behind Cooper.More.

Getting down to the business of lawyering

Evansville attorney David G. Harris is such a fan of the Lawyerist that he was the main driver behind getting the Evansville Bar Association to invite the website's founder and editor-in-chief Sam Glover to speak. The Minneapolis attorney-writer will be in the southern Indiana city Oct. 27 to make a presentation about practicing law and lead attorneys through a four-step process to secure information on their laptops.More.

Legislative group delays action on ALJ panels to retain subject-matter expertise

Perceived bias of administrative law judges in favor of the state agencies for which they adjudicate disputes has led to calls for Indiana to join 30 other states that have moved to central panels of ALJs to give them more independence. But that won’t happen anytime soon, a General Assembly study committee decided.More.


Proposed IRS regulation a taxing matter for relatives

Proposed regulations from the Internal Revenue Service confirm that blood is thicker than water, but estate planning attorneys say the new rules could hand family-owned businesses much higher tax bills simply because they are family.More.

Kissel and Olimb: New law affects estate planning for digital property

The Revised Uniform Fiduciary Access to Digital Assets Act took effect in Indiana on July 1, 2016. See Ind. Code § 32-39 et seq. The new law addresses the rights of a fiduciary, such as a personal representative, trustee, attorney-in-fact or guardian, to access digital property, such as online financial accounts, emails, texts, social media accounts and online document and picture storage.More.

Retzner: Creditors must file claims or risk losing them forever

After death of a debtor or guarantor, the rules for filing claims in an estate are extremely strict. Claims must be filed within three months of the date of creditor receiving notice of the opening of an estate administration. Additionally, claims must be filed, if at all, within nine months of the date of death, regardless of whether notice was received.More.


Dean's Desk: The United States needs a defender general

There has been no voice at the policy table for the accused, incarcerated and paroled. We have an attorney general of the United States. We have a solicitor general of the United States. Yet, the defense is not, and has not been a part of policy decisions regarding criminal justice matters.More.

Bour: Virtual reality for evidence presentation is coming

Full 360-degree virtual reality offers more than a simple big-screen movie effect. With your headset in place, you are able to look in every direction, all around the scene. What is its usefulness in the legal world?More.

Hammerle On ... “Queen of Katwe,” “The Birth of a Nation”

Hammerle says "Queen of Katwe" will warm your heart from beginning to end.


In Brief

Another tool for courts, police to combat drug abuse

Through Recovery of Indiana, a behavioral health program aimed at reducing drug abuse rates across the state, the Front Door Opiate Reduction Initiative is launching in new locations in Indiana to give courts and law enforcement officers additional options besides jail time for drug offenders struggling with serious addictions.More.

Disciplinary Actions

Disciplinary Actions - 10/19/16

Read who the Indiana Supreme Court has recently suspended and who has resigned from the bar.More.

Bar Associations

IndyBar: Recognition Awards Honor Indy’s Leading Legal Professionals

The recipient of the President’s Award for Service to the Association is the Futures 2020 Work Group, led by chair David Duncan of Scannell Properties. This work group has dedicated significant time and effort to researching the trends and changes in the profession in order to position the IndyBar to better serve its members through 2020 and beyond.More.

IndyBar: Chief Justice Honored with Antoinette Dakin Leach Award

Members of the legal community gathered to honor Indiana Supreme Court Chief Justice Loretta Rush as the 2016 Antoinette Dakin Leach Award on Tuesday, Oct. 11 at the Skyline Club in downtown Indianapolis.More.

IndyBar: IBF Scholarships Help Students Reach Full Potential

Receiving two Indianapolis Bar Foundation (IBF) sponsored scholarships in 2016 was quite an accomplishment for Alexander Van Gorp. The scholarships provided him not only with needed financial assistance, but also served as inspiration to persevere in his preparations to become an attorney.More.

IndyBar: More than 460 Helped at Ask a Lawyer

IndyBar volunteers donated both their time and expertise to provide community members in need with invaluable legal advice and guidance at Ask a Lawyer on Oct. 11. This biannual event is the IndyBar’s largest pro bono program and has helped more than 3,000 Hoosiers over the past two years.More.

Moberly: Relationships Are Bridges to Civility (and Satisfaction)

The IndyBar has many mentoring programs designed to provide helpful professional relationships for our newest members.More.

DTCI: Motor carrier financial responsibility and the MCS-90 endorsement

Perhaps the most frequently litigated issue concerning the MCS-90 endorsement is its effect on coverage priority among multiple insurance policies.More.

DTCI: Award Recipients Named

In conjunction with its 2016 annual meeting in Fort Wayne Nov. 17-18, the DTCI will recognize the outstanding defense lawyers of the year.More.

DTCI: 2016 annual conference agenda

The annual event will take place Nov. 17-18 at the Marriott Courtyard in Fort Wayne.More.

Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.More.
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Indiana makes gains in permanent placement

The state sees improvement, but aims to do better.More.

Views shift on use of executions

What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.More.

What's next for Indiana's death penalty?

Unlike other states, Indiana has not abolished or suspended use of executions.More.

Mental aspect of capital cases can be challenging

When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.More.

Balancing philosophical with practical concerns regarding death penalty

Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.More.
Juvenile Justice Juvenile Justice


A last-minute change to a bill during the 2009 special session has stripped judges of their discretion regarding juvenile placements out of state by requiring them to get permission from the Department of Child Services. All three branches are reacting.


Escaping execution

Exoneree joins statewide campaign calling for a death-penalty moratorium.More.

Reforms urged to prevent mistakes

Indiana explores what revisions to make to its criminal justice system.More.

Aiming for exoneration

Inmate awaits court hearingMore.

CJ: Most players in appeals acting responsibly

The Indiana chief justice said in an order that he would "smack down" judicial overreaching or overspending.More.

Bose lays off lawyers

Cuts are state's first announced publiclyMore.

Lawyer lands on feet

Attorney's job loss leads to his own legal consulting businessMore.

Mergers: Are we done yet?

2008 could be record year for law firm consolidationMore.

Tough times drive change

Attorneys see evolving legal work caused by economic woesMore.

System delivers injustice

Exonerated face new, old legal hurdles after release.More.

Counties must pay for juvenile facilities

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.More.

Teens share stories about juvenile justice experience

Two Elkhart County teens say it took incarceration to teach them a lesson.More.

Detaining questions

Funding of youth detention, alternatives draws concern.More.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.
Juvenile Justice Juvenile Justice

Improving a child's access to counsel

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

Early intervention for juveniles

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

The evolution of capital punishment

The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.More.

Enduring legal process doesn't change parents' desire for justice

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.


State death penalty cases averaged 17 years

When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.More.

Prosecutors: money doesn't trump other factors when considering death penalty

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.More.

Recent changes impact state justice system

National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.More.

Clinic argues for man's innocence

the Indiana Supreme Court is considering whether to accept a post-conviction case on an issue some say is an important question of law relating to wrongful convictions.More.

Rising number of exonerees reflects flaws in justice system

Convicts are turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue surfacing in the nation's court system.More.

Teaming up for change

National, local experts meet in Indiana to discuss juvenile justice.More.

Indiana: Better economic climate

State's legal community successfully rising to recession-related challengesMore.

Lawyers challenge imbalance of power

Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.More.

Attorneys squeezing savings

Bar associations offer discounts, cost-cutting options for legal communityMore.

Money woes 'going to get worse'

County courts, prosecutors, public defenders face tight budgetsMore.

Indiana's legal aid in trouble?

3 legal aid providers discuss the economy's effectsMore.

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.More.

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

What's next for Indiana's juvenile system?

Indiana lags in statewide reform, but builds on localized successes.More.

'Out of the court's hands'

Lake County teen recognizes she is responsible for future in juvenile system.More.

Motor vehicle accident: Noblesville collision
Patricia Acker and Peter Acker v. Keyna Sanders  More


Motor vehicle accident: rear-end collision
Dannis R. Thomas and Luisa Thomas v. Phyllis A. Isenhower More


Americans with Disabilities Act discrimination
Kristine R. Rednour v. Wayne Township Fire Department and Wayne Township More



More Trial Reports


How do managing partners manage their social media?

Do you have a LinkedIn account? If you are a managing partner, then you most likely do, although your online presence may be begrudgingly, depending on your age.More.


Leadership in Law 2016Leadership in Law
Each year, Indiana Lawyer honors Distinguished Barristers and Up and Coming lawyers in the state's legal community. Meet those recognized for their work in the law and service to the community.


                              Counsel 2015Corporate Counsel Guide
Indiana Lawyer's 2016 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.

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Opinions Oct. 21, 2016

Indiana Supreme Court
Mary K. Patchett v. Ashley N. Lee
Civil tort. Finds on interlocutory appeal that the ruling in Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), permitting defendants in a personal injury lawsuit to introduce discounted reimbursements negotiated between the plaintiff’s medical providers and his private health insurer, so long as insurance is not referenced, also applies to reimbursements by government payers.More.
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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.