In This Issue

Aug. 24-Sept. 6, 2016
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Mary Willis is known in the Indiana judiciary for going beyond the day-to-day duties of a trial court judge — a mover and shaker who seemed a natural choice for the newly created position of chief administrative officer for the Indiana Supreme Court. The Floyd County prosecutor faces an ethics sanction over his canceled book deal about the Camm case. Some attorneys have decided to depart the partner track for careers with less demands.

Top Stories

Departing the partner track

Law firms are looking for talent and signing up attorneys who fit clients’ needs in flexible arrangements that eschew the traditional associate-to-partner model. The trend addresses the firms’ needs to contain costs and the desire of many lawyers for more work-life balance.

ABA takes stronger stance on harassment, discrimination

While the new model rule addresses bias and prejudice, Indiana’s conduct rule is much stricter.

Prosecutor faces ethics sanction for book deal in Camm case

Floyd County Prosecutor Keith Henderson should be reprimanded by the Indiana Supreme Court for a book deal on a high-profile murder case against former Indiana State Trooper David Camm, recommends a hearing officer in Henderson’s discipline case. The hearing officer blasted the conduct of lawyers on both sides of the ethics matter.

Goshen attorney John Ulmer recognized for 50-plus year career

When the conflict arose between classes and basketball, John Ulmer, like just about any Hoosier would, picked roundball and, inadvertently, took his first steps toward a legal career that has since lasted more than 50 years.

Willis takes first administrative lead role in state’s judiciary

Mary Willis is known in the Indiana judiciary for going beyond the day-to-day duties of a trial court judge — a mover and shaker who seemed a natural choice for the newly created position of chief administrative officer for the Indiana Supreme Court.

Focus

7th Circuit opinion highlights confusion over LGBT discrimination protection

Within the first nine pages of its opinion, the 7th Circuit Court of Appeals affirmed a district court’s ruling that sexual orientation is not protected by Title VII of the 1964 Civil Rights Act. And there, the panel could have ended its discussion. But the court spotlighted the growing confusion in the courts of when, exactly, sexual orientation crosses the line into gender nonconformity.

Workplace harassment endures, evolves

Despite decades of on-the-job training for workers and numerous high-profile lawsuits, harassment by managers and co-workers persists. Though the number of sexual harassment claims has declined in recent years, companies still get hit with thousands of lawsuits alleging harassment of some kind each year.

Hanson/Eckhart: Class wage-and-hour litigation is an ongoing threat

Employers face countless labor and employment challenges every day. Wage-and-hour compliance issues are near the top of that list because employers have experienced an increase in the number of class- and collective-action lawsuits filed against them.

DeVoe/Escoffery: Acquiring UI accounts in asset purchase deals

Although the seller’s Indiana unemployment insurance account may not be the focus of an asset purchase transaction, it is important for the buyer and seller to consider the subject before closing on the purchase.

Opinion

Patterson: Trial by jury ensures justice for the people

As the state of Indiana celebrates its bicentennial year, we should all remember the importance of the right to trial by jury and commit to ensuring that this right remains inviolate.

Jones/Schocke: What to do about peeping drones

The FAA does not appear to be taking a stance on privacy any time soon as they have remarked that the question of privacy should be determined under state law. So where do our state laws stand on privacy issues?

Hammerle on... 'Indignation,' 'Sausage Party,' 'Bad Moms'

Bob Hammerle says "Indignation" should be knocking on the door when Oscar nominations are announced next year.

In Brief

Swearing in Slaughter

A photo from the Aug. 11 investiture ceremony of Justice Geoffrey Slaughter.

Taft names new partner-in-charge for Indy office

Taft Stettinius & Hollister LLP has a new partner-in-charge of its Indianapolis office, prompted by his predecessor’s promotion to lead the entire law firm.

State fighting birth certificate ruling

Married same-sex female couples who challenged Indiana’s refusal to recognize the non-birth mothers on their children’s birth certificates reiterate that they want to be treated in the same manner as heterosexual couples – no more, no less. The state, which intends to appeal a ruling finding Indiana's paternity statutes to be unconstitutional, is first asking the judge to take another look at her ruling.

Maxim party promoter sues Speedway over lackluster ticket sales

The company that staged the Indy 500 Maxim Party at Indianapolis Motor Speedway on May 27 of race weekend has sued the speedway in federal court, claiming that it didn’t do enough to help publicize the sparsely attended event.

IU McKinney launching Child Advocacy Law Clinic

Students at Indiana University Robert H. McKinney School of Law will have the opportunity to work with Marion County’s Child Advocates starting this fall when the new Child Advocacy Law Clinic opens.

Legislator plans to introduce hate crime bill this session

A state senator from Indianapolis announced Tuesday his intention to again file legislation to enact a hate crime statute in Indiana, one of only five states that does not have this kind of law on the books.

Legislative panel on judiciary to discuss LGBT civil rights

"Civil rights issues related to gender identity and sexual orientation” is the lone subject on the agenda for the Interim Study Committee on Courts and the Judiciary’s initial meeting on Aug. 30.

Special Sections

Indiana Court Decisions - Aug. 3-16, 2016

Read recent appellate court decisions.

Disciplinary Actions

Discipinary Actions - 8/24/16

Read who's recently been suspended by the Indiana Supreme Court.

Bar Associations

DTCI: Indiana’s Uniform Security Act: An introduction

This article will give the reader some insight as to when the Indiana Uniform Security Act may come into play. This article is not meant to cover all IUSA’s applications, defenses or interplay with federal law.

DTCI: Awards Nominations Invited

The Defense Trial Counsel’s Annual Meeting will be held Nov. 17-18 in Fort Wayne. One of the highlights of the meeting is the presentation of the “Defense Lawyer of the Year,” the “Diplomat of the Indiana Defense Trial Counsel,” and the “Outstanding Young Lawyer” awards.

DTCI: Young Lawyer Mixers—a Hit!

DTCI Young Lawyer regional mixers were enthusiastically received in Merrillville and Evansville in July.

Moberly: Reconnecting with Our Cause

I enjoy lawyer gatherings because they affirm that the work we do is important, and we all take that very seriously, but there is also plenty of room for friendship and collegiality.

IndyBar: A Fraction of Time for Exponential Benefits: You Can Make a Difference

Two hours out of 744. That’s all it takes to help a family in need—a couple hours each month. The result? Happier, safer families leading to a happier, safer city.

IndyBar: At-Risk Elders in Marion County Need You!

Help your community by volunteering to be a guardian ad litem for an alleged incapacitated adult.

IndyBar: Could a Parenting Coordinator Help Your Clients?

A Parenting Coordinator, or “PC,” is a family law attorney or mental health professional who is appointed by the court to assist parents after a divorce or paternity decree. Most PCs also have significant mediation experience and some have attended a 2- or 3-day training specifically for Parenting Coordinators.

Around the IndyBar

News from around the IndyBar.

IndyBar: Help the Homeless: Volunteers Needed for IndyBar Pro Bono Program

Many people who call Indy home need legal assistance–especially those without a home to live in. IndyBar attorneys have the unique opportunity to help homeless individuals with their legal issues through the IndyBar Homeless Project.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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