ILNews

Judge unsure about ACLU student chapter

Back to TopCommentsE-mailPrintBookmark and Share

An Indianapolis-based federal judge wants to know more before he decides whether a student chapter of the American Civil Liberties Union of Indiana has standing to seek class certification in a lawsuit against the Indiana Board of Law Examiners. At least one student alleges her constitutional rights are violated by questions on the bar exam application.

But the judge found that an Illinois attorney who wants to sit for the Indiana bar exam does have standing to seek class certification, and he's granted that status in this litigation while the issue involving the student chapter at Indiana University School of Law - Indianapolis remains open.

U.S. District Judge William T. Lawrence on Friday issued a 10-page order in Amanda Perdue, et al. v. The Individual Members of the Indiana State Board of Law Examiners, 1:09-CV-842. In the past week, the ACLU of Indiana amended its complaint to include Perdue's real name after the judge had previously ruled that she couldn't proceed anonymously.

Perdue challenges the BLE requirement that she provide information about her physical and mental health when filling out her application to take the state bar exam. She'd answered "yes" in response to a question about her mental health, and as a result the BLE requested additional detail and referred her to the Judges and Lawyers Assistance Program for a mental health review. Instead of consenting, Perdue withdrew her application and in July sued the state over the issue, alleging that some of the application questions violate the Americans with Disabilities Act.

The ACLU student chapter later joined her as a plaintiff to prevent the BLE from inquiring about future bar applicants' mental health. One student, the president of the student organization, signed on and said she was aware of at least one group member who intended to take the Indiana bar exam at some point and could be impacted by these questions.

Both parties requested class certification, but the state argued that the student chapter doesn't have standing to be a class representative in this case.

"As an initial matter, the Defendants vigorously argue that the ACLU is not an appropriate class representative.... Much of the Defendants' argument against the ACLU's role as a class representative appears to be an allegation that the ACLU lacks standing," the judge wrote. "The Plaintiffs Reply does not address this issue. Because the Court is presently unable to determine whether the ACLU has standing, the parties are ordered to brief this issue. Until the Court determines that the ACLU has standing, the Court will not address whether it is an appropriate class representative."

Judge Lawrence gave the ACLU three weeks to file a brief in support of its standing, and 14 days from then for the state to reply before he again considers the issue.

As for Perdue, the judge determined she met the standard required by Rule 23 of the Federal Rules of Civil Procedure about class action status and that it should be granted. A hearing is set for March 12 in the case, but that date may be continued to a later time. The anticipated two-day trial is planned for April 2011.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT