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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. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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