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Court sends reminder on permanent withdrawal rules

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Note to Indiana attorneys: don’t permanently relinquish your law license in this state unless you’re absolutely sure you won’t ever want to return. If you do, don’t be surprised if you have to take the bar exam again.

That’s the message the Indiana Supreme Court reiterated on Monday, issuing an order in Ronald W. Harmeyer v. State Board of Law Examiners, No. 94S00-1107-BL-4686, that denies a former Fort Wayne lawyer’s request to be readmitted in Indiana without re-taking the bar exam here.

Admitted in 1992, Ron W. Harmeyer began practicing in Indiana and was admitted in Wisconsin in 1996. In late 2008, he submitted an affidavit of permanent withdrawal to the Indiana Supreme Court’s Disciplinary Commission and agreed that he would need to comply with Admission and Discipline Rules 3-21 if he ever wanted to return to practice in Indiana.  His license was relinquished in December 2008.

Under the state’s attorney admission rules, lawyers must take the bar exam and be admitted within two years, or they must take the exam again. Retired attorneys can be readmitted through lesser requirements without retaking the bar exam, but that does not apply in this case. Harmeyer sought and received permanent withdrawal.

On July 11, 2011, Harmeyer called the Indiana Board of Law Examiners to ask about reinstatement and was told he’d either have to retake the Indiana bar exam or seek a provisional or business counsel license to be readmitted. He filed a petition with the Supreme Court that same day requesting a review of the BLE’s final decision, arguing that the state admission rules require a person to take and pass the bar exam here only once and so he shouldn’t have to do so again.

“The phrases ‘final action’ and ‘final determination’ (in Admission and Discipline Rule 14) denote a greater degree of formality than exists in Harmeyer’s situation,” Chief Justice Randall Shepard wrote in the order, noting that the information wasn’t a “final action” as Harmeyer described it.

Harmeyer’s petition is dismissed as procedurally premature. But Chief Justice Shepard added that even if Harmeyer’s petition followed a “final action” from the BLE, the court would likely have denied it because the rules clearly inform attorneys the consequences of permanently relinquishing their law licenses – that includes passing the bar exam again if the lawyer has not secured a provisional or business counsel license.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. 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

  3. 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

  4. 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

  5. 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.

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