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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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