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Bar associations team up for 'Santa' program

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Bar Crawl

Bar Crawl is Indiana Lawyer’s section highlighting bar association news around the state. We try to include bar association news and trends in our regular stories, but we want to include more news from specialty and county bars. If you’d like to submit an update about your bar association or a photo from an event your bar association has hosted to Indiana Lawyer, or if you have questions about having your bar association news included in the newspaper, please send it to Rebecca Berfanger, rberfanger@ibj.com, along with contact information for any follow-up questions at least two weeks in advance of the issue date.

The Indiana State Bar Association’s Young Lawyers Section partnered with the James C. Kimbrough Bar Association to sponsor their first program together, “Santa’s Been Sued.” The educational program, which included gifts for 15 underprivileged children in northwestern Indiana, took place Dec. 17 in Lake Superior Court.

The children were chosen based on their affiliation with the Boys & Girls Clubs of Northwest Indiana in Gary.

The court portion of the program is based on the premise that Christmas could be canceled after Ebenezer Scrooge, a fellow resident of the North Pole and represented by Charles Dickens, sued Santa Claus for property damage caused by Santa and his reindeer on Dec. 24, 2009. Scrooge also claimed in his suit that he suffered from emotional distress and mental anguish as a result.

In the court order, Judge Rudolph Reindeer found that Santa owed Scrooge $500. The attorneys who organized the event sought the $500 to help Santa so he could still deliver the toys to children around the world on Christmas Eve.

The Kimbrough Bar Association had received at least $700 to pay for toys for the kids, and expected at least a few more checks to come in. Anything received after the event will be donated to the Boys & Girls Club of Gary, said Michael Tolbert, one of the event organizers and past president of the Kimbrough Bar Association.

Tolbert said the event was organized to serve as a positive experience for kids who usually would only be in court when something bad has happened. The visitors also got a tour of the courthouse, looked into the judge’s chambers, and Lake Superior Judge William E. Davis made an appearance in the role of Santa.

Following is partial text of the complaint in Ebenezer Scrooge v. Santa Claus, No. 56Z09-TC-1670, filed in North Pole Superior Court in Iceberg, Alaska, as it was written by event organizers and posted on the ISBA’s website:

1. The Plaintiff, Ebenezer Scrooge (“Plaintiff”), is a resident of Iceberg, North Pole County, Alaska.

2. The Defendant, Santa Clause (“Defendant”), is also a resident of Iceberg, North Pole County, Alaska.

3. On or about December 24, 2009, the Defendant entered upon the premises of the Plaintiff.

4. The Defendant was not invited nor did he have permission to be on the Plaintiff’s premises.

5. While the Defendant was on the premises of the Plaintiff he carried a large, red sack and was also accompanied by animals.

6. The Defendant had a duty, when entering on to the Plaintiff’s property, not to cause property damage.

7. The Defendant breached his duty and failed to exercise reasonable care when entering upon the Plaintiff’s property in one or more of the following ways:

a). intentionally and recklessly caused damage to the Plaintiff’s chimney; and

b). intentionally and recklessly left reindeer foot prints on the Plaintiff’s property;

8. As a result of the Defendant’s conduct, the Plaintiff has incurred property damage and has suffered from emotional distress and mental anguish.

9. The Defendant’s conduct was the proximate cause of the Plaintiff’s damages.

WHEREFORE, the Plaintiff, Ebenezer Scrooge requests that this court enter judgment in his favor for compensatory damages, property damage and all other just and proper relief in the premises.•

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. 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.

  4. 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?

  5. 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

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