DavidJ.Dreyer

Recent Articles

Indiana Judges Association: Are we heading toward a ‘gig’ legal profession?

May 18, 2016
Changes in the legal landscape are of course parallel to what is happening everywhere. Lawyers used to function and prosper well during any economic or social circumstances. Law firms seemed to be immune to barriers and uncertainties facing other business entities. But today, as Jerry Garcia once wrote, "if the thunder don't get ya, the lightnin' will."
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Indiana Judges Association: How are we going to replace Justice Brent Dickson?

February 10, 2016
There is now a great opportunity to pick our next Supreme Court justice. But our problem is that we have to replace the irreplaceable Justice Brent Dickson.
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Indiana Judges Association: 7 hopes on a judicial holiday wish list

December 16, 2015
As we complete a long, complicated year, my great judge journey leads me to a wish list. While wish lists are not uncommon for gift-giving season, or the start of a new year, this one is intended for regular rumination.
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Indiana Judges Association: The online life of judges requires prudence

October 7, 2015
We legal professionals have a unique role to translate ancient theorems into optic fiber. Along with that obligation arises a longstanding devotion to ensuring the world understands what law is and has always been: an imperfect process to determine “facts” and apply the rules.
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Indiana Judges Association: Clarity can come with certain costs

May 20, 2015
Judges are decidedly impartial, but not necessarily unequivocally impartial.
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Indiana Judges Association: Law, time and judgment are shared responsibilities

February 11, 2015
When New York City claimed 20-30 inches of snow were coming (and got less than 10), I was reminded of so many lawyers who claim three days for their case (but only use one). All of us on the bench or bar tailor our talents toward forming our best judgments. Such a responsibility necessarily includes the talented due consideration of time.
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Indiana Judges Association: The legal profession's Top Ten list of legal quotes

December 3, 2014

Drawing upon Mr. David Letterman’s famous comic premise – the Top Ten List – we judges and lawyers would do well to take a similar look at our professional selves. So, for what it’s worth, see this judge’s Top Ten legal quotes, starting with No. 1 (and explanations). Of course, very few of them were said by lawyers.

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Indiana Judges Association: Judges struggle with 'rule of law' questions daily

October 8, 2014
As judges, we struggle with “rule of law” questions every day. The gray areas between a fact and a supposition dog our paths. The tension between the letter of the law and the conscience of the community complicate our considerations. In some cases, the rule of law just seems to be unjust. But overall, the true meaning of “rule of law” should not be a barrier.
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Indiana Judges Association: Officiating same-sex marriages leaves judge optimistic

July 16, 2014
On June 25, 2014, and the next day, I officiated over 50 same-sex marriages. For reasons I did not expect, it may have changed my life.
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Indiana Judges Association: Judging from the mountaintop

April 23, 2014
If judges wore wigs in the United States, there might be a marked increase, I say, in public confidence in our courts. Hopefully, it would not be outweighed by any marked increase in public satire, but it could not be any worse than the judge shows now on daytime TV. The public always needs to understand that courts are serious and judges are different. More importantly, it is necessary to understand why.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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