In This Issue

NOV. 30-DEC. 13, 2016
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The ITT Educational Services Chapter 7 bankruptcy filing entails creditors, lawsuits, retirement accounts, and 40,000 boxes of student records. This Lawrenceburg family boasts five generations of lawyers. The 2017 DTCI president is focused on celebrating the organization's 50th anniversary.

Top Stories

Ceremony honors graduates of St. Joseph County Veterans Treatment Court

Six former military members graduated from the veterans court during a special ceremony Nov. 21 at the courthouse in South Bend. Judges, attorneys, relatives and other veterans watched as the group of men received certificates for completing the program and congratulatory handshakes from veterans court Judge Steven Hostetler.

ITT Chapter 7 bankruptcy fallout

The student records are only one aspect of this bankruptcy. There are employee records, pension benefits, 401(k) retirement funds plus lawsuits previously filed by federal agencies and some states’ attorneys general.

Valparaiso Law public censure puts admission policies to test

How much the ABA-imposed sanction will impact Valparaiso University Law School depends on who you ask.

Fifth-generation Lawrenceburg attorney joins long line of paternal precedent

The original Ewbank lawyers were county-seat attorneys, and the first two generations — John William and James — were abstractors who founded the family businesses in 1882.

Pence counsel seeks email secrecy

Attorneys argue to the Court of Appeals whether the state's Access to Public Records Act should exempt governor from disclosure.

‘We the People’ enters high-needs schools

Indiana Bar Foundation brings 26 teachers into civic education-focused James Madison Legacy Project.

New law creates murkiness on private university police records

The Indiana Supreme Court left no doubt that it considered the Notre Dame Police Department exempt from the Access to Public Records Act when it affirmed dismissal of ESPN’s lawsuit seeking records of the department’s interactions with 275 student athletes. But a bill signed into law this year dealing with access to police body cameras could change that.

Focus

2017 DTCI president focused on celebrating 50th anniversary

The Evansville attorney wants to look at the history of organization and engage members in service projects in 2017.

2016 Defense Trial Counsel of Indiana amicus report

Opinion

Barker: New citizens encouraged to shape future of US

Judge Sarah Evans Barker gives advice to new citizens following the recent presidential election, encouraging them to shape the country's future.

Hammerle on ... 'Loving,' 'Fantastic Beasts and Where to Find Them'

Bob Hammerle says "Loving" is an important film that reaches beyond the movie screen.

Miller: Act quickly to locate all potential e-discovery data sources

Darren Miller advises attorneys to first figure out what could be the crux of their new cases in terms of electronic evidence.

Tragesser/Downham on augmented reality games: Gotta catch ’em all

PokemonGo’s footprint is anywhere and everywhere, which opens up a world of both opportunity and liability for business and property owners.

In Brief

IU McKinney dean emeritus dies

William Harvey, dean emeritus of Indiana University Robert H. McKinney and nominee to the 7th Circuit Court of Appeals died Nov. 17 after a long illness. He was 84.

Family values groups’ human rights lawsuit stays in court

A Hamilton County judge has ruled that a lawsuit challenging the constitutionality of human rights ordinances in four Indiana cities can continue, despite the cities’ arguments that there was no legal standing to bring the suit in court.

Special Sections

Indiana Court Decisions – Nov. 9-21, 2016

Read recent appellate decisions.

Bar Associations

Moberly: The IndyBar – Here for all your ‘Ages and Stages’

I’ve been asked many times why I volunteer for the Indianapolis Bar Association, and I have given lots of reasons over the years. In fact, the reasons I belong and I volunteer have changed through the years.

Planning for the Future: The IndyBar Strategic Plan

The strategic planning process—one that the Indianapolis Bar Association has undertaken since the early 1990s—is a crucial practice that charts the course for the coming years, setting priorities, focusing energy and strengthening the organization.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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