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‘Appeals on Wheels’ takes teacher license suspension case to Franklin

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Franklin College will host a traveling Court of Appeals oral argument Sept. 17 in which a teacher appeals the suspension of her license by a Department of Education administrative law judge.

A Marion Superior Court judge affirmed the suspension of Patricia Terkosky’s teaching license on allegations of “immorality” and “misconduct in office.” Terkosky’s license suspension proceedings came after allegations that she slapped a child’s face, “popped” a student in the mouth and roughly touched another student, according to the Court of Appeals.

Terkosky taught at Worthington Elementary School in the White River Valley School District in Greene County. According to the Court of Appeals, Terkosky argues the ALJ lacked legal authority to suspend her, failed to issue required findings of fact, improperly applied California case law and failed to identify substantial evidence of immorality or misconduct.

Terkosky is represented by Riley, Bennett & Egloff LLP attorney Eric M. Hylton, and Deputy Attorney General Kyle Hunter will defend the license suspension for the DOE. The case is Patricia Terkosky v. Indiana Department of Education, 49A02-1212-PL01000.

Arguments will begin at 1 p.m. Sept. 17 at Richardson Chapel at Franklin College. Judges on the panel scheduled to hear the case are John Baker, Cale Bradford and Elaine Brown. The case will be the 23rd traveling argument this year for the COA, which since 2000 has heard more than 365 “appeals on wheels” around the state.

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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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