In This Issue

JAN. 11-24, 2017
thisissue1-011117.jpg Indiana Lawyer 011117

Thomas Pyrz, who has led the Indiana State Bar Association since Nov. 22, 1992, plans to retire at the end of 2017. Human trafficking is on the rise in Indiana, according to a report from the Office of the Indiana Attorney General. Critics are blasting Marion Superior judge selection bills, questioning the need for parity among the political parties on the bench.

Top Stories

Critics blast Marion County judge-selection proposals

Legislation assuring partisan balance on the bench has key stakeholder and lawmaker support.

Supreme Court, Legislature leave police body camera statute as is

Prosecutors say releasing police video will violate Indiana Rules of Professional Conduct.

Initiative leads to fewer juvenile delinquency filings

The number of youths finding themselves in the court system has been on a downward trend nationally and statewide, with the number of juvenile delinquency filings across Indiana steadily decreasing for the last decade.

Simon grant allows ILS to continue helping the homeless

The clinic at Horizon House provides advice and counsel to people most in need of legal assistance.

New ABA Blueprint tool designed to increase solo, small firm efficiency

The American Bar Associatin's Blueprint, an online legal tech marketplace tool, launched in November 2016 and is meant to enable attorneys working at solo and small firms to quickly and easily find legal technology that meets their firms’ needs.

Human trafficking on the rise in Indiana

The Indiana Attorney General Office’s 2016 Indiana State Report on Human Trafficking shows that in a span of just two years, the number of tips to the Indiana Protection for Abused and Trafficked Humans, or IPATH, task force about possible trafficking incidents quadrupled, up to 520 tips in 2016 from 130 in 2014.

Ice Miller attorney stepping away from practice to combat child exploitation

Seth Thomas is preparing to jump off what he calls the treadmill of private practice to help combat the “most horrific awful evil thing” — cybersex trafficking and online exploitation of children.

Pyrz begins his last year leading Indiana State Bar Association

Thomas Pyrz, who has led the ISBA since Nov. 22, 1992, plans to retire at the end of 2017. His nearly 25-year tenure has included hiring additional staff, launching new programs, and increasing the value of membership to counter attorneys’ shifting view of the association.

Focus

COA upholds child support order in peculiar case involving non-biological son

A divorce involving a troubled husband, unfaithful wife and a 12-year lie unraveled into a child support and paternity dispute that ended with a split Indiana Court of Appeals ordering the non-biological father to provide financial assistance. Any other ruling, the majority reasoned, would leave the minor without a dad.

Cassman: Proper notice in indirect civil contempt proceedings

Indirect civil contempt is the most common filing used to enforce family law orders. One of the typical defenses to an allegation of contempt is that the contempt allegations have not been properly pled. Both the Indiana Supreme Court and the Indiana Court of Appeals have addressed the issue of notice in recent cases.

Ryznar: Another notable year for CHINS and parental rights cases

As Indiana continues to experience heightened levels of CHINS and termination of parental rights cases, several interesting cases arose in 2016 related to these topics.

Opinion

Hammerle on... 'Jackie,' 'Rogue One: A Star Wars Story'

Bob Hammerle says "Rogue One" gets its strength from its characters, not its special effects.

Mental Fitness: I’m not scared of the bipolar stigma

In this article, you will learn a mental fitness exercise that only takes three minutes. But first, I will share my experience with asking the Indiana Judges Lawyers and Assistance Program for help in May 2015.

Living Fit: Past success can help you keep new year’s resolutions

It’s that time of year — making resolutions. I write about this topic every January, hoping that something I write this time will click with you to be the impetus you need to change the course of your health.

Examining Forensics: Making and questioning various e-discovery requests

Let’s look at pre-discovery, where you are formulating what types of files and data you are asking for, the format that you would like your deliverables in, as well as any dates or keywords relative to the case.

In Brief

Judge blocks Indiana’s attempt to limit birth certificate ruling

Indiana’s motion to alter the judgment allowing both females in a same-sex marriage to be listed on their child’s birth certificate was met with a sharp caution from the bench about re-litigating or attempting to limit the court’s order.

Ex-Supreme Court employee suing high court for discrimination, retaliation

A former Indiana Supreme Court employee is suing the state’s highest court for alleged ongoing disability discrimination and retaliatory actions.

Former ITT students seek creditor status in school's bankruptcy case

A group of former ITT Educational Services Inc. students are seeking legal recognition as creditors in ITT’s ongoing bankruptcy case.

Senior judge faces discipline for OWI

A senior judge and former Lake County magistrate is facing judicial discipline proceedings after pleading guilty in November to a charge of driving while intoxicated.

Indianapolis doctor wins defamation judgment against CVS

An Indianapolis physician whose patients were told at multiple CVS pharmacies that their prescriptions couldn’t be filled because the doctor had been arrested or was suspected of running a pill mill won a defamation judgment against the drugstore chain.

Special Sections

Indiana Court Decisions - Dec. 20, 2016-Jan. 3, 2017

Read recent appellate decisions.

On The Move

People on the Move

Read who's recently joined an Indiana firm, joined a board or honored for their work.

Bar Associations

Meet the 2017 DTCI board of directors

At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office on Jan. 1, 2017.

IndyBar: Denise Hayden Receives 2016 Family Law Section Award

The IndyBar Family Law Section selected Denise Hayden of the Law Office of Jessica S. Lacy to receive the annual Family Law Section Award.

IndyBar: Pro Bono for Any Schedule

Volunteers are now being sought for three IndyBar pro bono programs that allow members to choose to dedicate just an hour or two or a longer-term commitment.

IndyBar: Let’s Get Suited Up!

‘Tis the season to clean out your closet! From IndyBar’s Law Student Division and Young Lawyers Division, it’s once again time to help get central Indiana students “Suited Up” for success.

New for 2017: Free Fridays at the IndyBar

Get more from your membership this year with Free Fridays at the IndyBar! We’ll be saving you time and money each month with these complimentary services. All offerings take place at the IndyBar office.
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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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