Look it up, lawmakers

September 22, 2008
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From Indiana Lawyer reporter Michael Hoskins:

We look at Indiana’s appellate decisions every day. Frequently, a legal issue is raised about an ambiguous federal or state statute where words aren’t defined and the courts must address what the legislative intent could be for those words and statutes.

The issue came up in a Court of Appeals case, which we wrote a story about today, that examined the undefined meaning of the word “repair” in the state mechanic’s lien statute. Judges didn’t have a definition in the law to work with, so they consulted Webster’s – a common practice that often sees jurists consulting Black’s Law Dictionary and others. It happens often, with cases hinging on definitions of simple words such as “shall.” We’ve seen it in recent years on terms such as “proceeds” in the federal money-laundering statute or “legal incidents of marriage” as lawmakers wrestled over a same-sex marriage ban.

One has to wonder if lawmakers think to look at a dictionary when crafting legislation that might become law. We have lawyers at the Statehouse who, you’d think, would know better and be able to foresee potential legal battles over vague wording. But obviously if there are some who question the language and lack of definition, they aren’t able to convince their colleagues before the final passage. It seems like a dictionary could solve many of the legal battles we see regularly – maybe that would be a handy tool lawmakers could be given when taking their oaths of office.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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