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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. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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