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. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.