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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. 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

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