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Attorney general’s office will now represent DCS on appeal

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Indiana Attorney General Greg Zoeller announced Thursday afternoon that the attorney general’s office will take over appellate representation of the Department of Child Services. DCS currently utilizes attorneys of its choice in appellate matters.

Taking over legal services for DCS on appeals has been under review in the AG’s office since March. The office sent a letter to DCS dated Thursday informing the agency of the change.

“When created by executive order as a separate state agency in 2005, DCS was best positioned to represent the interests of children in court cases, so the limited legal authorization allowed it to hire its own lawyers rather than using deputy attorneys general who normally serve as state government’s lawyers. But because appellate cases are highly complex and can result in new legal precedent, it now is necessary that the state government’s law firm – the Attorney General’s Office – harmonize the legal positions of DCS and other state agencies in appellate court, to ensure they are consistent with each other and with our state’s legal policy,” Zoeller said.

This change is triggered administratively through the revised consent letter, and it will become effective as soon as transitional details are finalized, but no later than Jan. 1, 2013, according to a release from the attorney general. DCS attorneys will continue to represent the agency in trial court.

The DCS appellate caseload volume is around 150 cases; the AG’s office currently has 144 deputy attorneys general. Zoeller said his office will work with DCS over the new few weeks on the logistics of staffing to ensure “that the change to AG management supervision of the cases is fiscally neutral and structured to maximize efficiency and effectiveness.”

 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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