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Chinn: Law and Politics

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iba-chinn-scottAs it always is in the winter and early spring, the workings of the Indiana General Assembly is big news. So it has been this year. As this column is being issued, the time clock has run on the 2012 legislative session, which under the Indiana Constitution must end by March 14 in non-budget years (“short sessions”). The IndyBar has taken an increasingly active role in legislation over the past few years, as the Board of Directors has deemed that involvement of critical importance to the profession.

Once again this year, we established a legislative committee. IndyBar Vice President and Marion Superior Judge Heather Welch served as its chair and has done an outstanding job of keeping tabs on this year’s legislation. Every legislative session is different, but all require vigilance as there are so many bills and amendments that wind their way through the process. The committee’s priority is usually, and was this year, to play “defense” – that is, to ensure that no bills that might impair some interest of the bar or profession pass without our input. This session seemed to have fewer bills than we typically monitor as having a potential impact about which we would be concerned. We initially reviewed a lot of bills and monitored legislation involving family law, court fees for pro bono services, and litigation-related matters. As of this writing, there are no bills that we have identified as causing particular concerns.

Judge Welch was assisted ably by a seasoned team that included Vice Chair Mindy Westrick, Emily Heimann, John Render, and Jamie Cairns. As has been tradition, President Elect Kerry Hyatt Blomquist, First Vice President Jeff Abrams and I served on the committee by virtue of our officer positions. I’d like to thank the committee for its good work.

The committee also planned and executed the Sixth Annual Lawyer-Legislator Luncheon held on March 5 at the Conrad. We had a great turnout from the bar and from legislators – 23 lawmakers were in attendance and we had an overflow crowd. (Judge Welch knows how to throw a party!) The main goal of these annual luncheons is to ask legislators who are lawyers to interact with IndyBar members to discuss issues of important to the profession. But we’ve also been successful in attracting other legislators to come to the luncheon as well, which is a great boon to our efforts to have the IndyBar be a potential resource for any member of the General Assembly.

On March 5, Speaker of the House Brian Bosma and Senate President Pro Tempore David Long gave overviews of the session and then each legislator spoke in turn about his or her district, background and legislation. By the end of the luncheon, we had really covered the waterfront of legislative session highlights as well as bills and trends that lawyers might be interested in. (The lawyer-legislators agreed that we need more lawyers in the General Assembly – there are currently 27, while the non-lawyers weren’t so sure about that.) And we presented mementoes to honor retiring legislators Representative Ralph Foley and Senator Richard Bray, the chairmen of the House and Senate Judiciary Committees, respectively. These long-serving legislators have had critical roles in framing laws that affect the courts, criminal law, and the profession for decades and they will be missed.

We intend to continue being active at the General Assembly in future years for three main reasons. First, it has become an essential service to protect the interests of the bar and profession. Second, in the event the IndyBar wants to advance legislative ideas of its own in the future, we must have standing and relationships with legislators to be able to communicate our interests effectively. Finally, lawyers are a civic-minded lot, and it seems right to have some involvement in the passage of laws that we are on the front lines of interpreting.

Enjoy spring break.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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