In This Issue

JUNE 29-JULY 12, 2016
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Ready or not, the era of e-filing begins July 1 for everyone submitting court documents in Hamilton County and in Indiana’s appellate courts. There’s evidence that despite the buildup over recent months, many lawyers and filers may be caught off guard. Also happening July 1, many new Indiana laws take effect. Read the list of new laws here. Prosecutors say that ethical rules will prohibit them from releasing video from police body cameras in ongoing criminal investigations.

Top Stories

Deadline for mandatory e-filing nears for Hamilton County, Indiana appellate courts

Ready or not, the era of e-filing begins July 1 for everyone submitting court documents in Hamilton County and in Indiana’s appellate courts. There’s evidence that despite the buildup over recent months, many lawyers and filers may be caught off guard.

Pilot program to help judges with complex motions

Judges in four Indiana counties soon will have some help with complex motions thanks to a bill passed by the Indiana Legislature.

Valparaiso Law School reduces faculty, class size to prepare for a different future

Valparaiso Law School is hardly the first to feel the pain of falling student applications, but as the subject of a recent profile in the New York Times, its troubles may be the most well-known.

Prosecutors say ethics rules limit release of police body camera video

While it was being crafted and considered in the Statehouse, Indiana’s police body camera law brought a lot of public interest and at various times public outcry. But as the new measure gets ready for action, prosecutors say the Rules of Professional Conduct restrict them from releasing the recordings.

New Indiana laws begin July 1

Read a complete list of the laws that will become effective July 1.

Device lawsuits plague Cook Medical

The lawsuits against Cook Medical began four years ago with a trickle but have since turned into a gusher, now surpassing 500.

Employers struggle with complicated immigration system

At the third meeting of the Senate Select Committee on Immigration Issues, business professionals and attorneys told committee members the measures Indiana has adopted in recent years have actually hurt the state’s economy and public safety.

Are old convictions still relevant?

A man who admitted fault and negligence for a Lake County drunken-driving crash is appealing damages of $2 million awarded in the case, claiming the jury was wrongly provided evidence of his prior alcohol-related driving convictions that were 17 and 30 years old.

Attorneys remember trailblazer Susan Tabler

The recent death of an Indianapolis attorney who helped blaze the trail for female attorneys in the city has prompted other attorneys to take a look how far women have come in the legal profession.

Focus

Strained Adult Protective Services to get relief July 1, but stakeholders seek more aid

Adult Protective Services has only 28 investigators to look into reports of mistreatment of endangered Hoosiers, along with 18 district directors. The Indiana Family and Social Services Administration has pledged to release funds July 1 to hire 18 more investigators. 

Attorneys create for-profit guardianship company

After about a year of thinking and planning, two Indianapolis attorneys launched Scout Guardianship Services Inc. in December 2015. This for-profit business can function as either a guardian, attorney in fact or health care representative for adults who want and have the financial assets to pay for these services.

Adams: Setting standards for 'silver tsunami' preparedness

A popular topic in the media lately is the “silver tsunami” — the huge wave of baby boomers who will leave the workforce in the coming years and become eligible for the senior discount. The legal system needs to prepare today for the influx of issues that will wash ashore.

Opinion

Editorial: Modest proposal to state, IBM lawyers: Settle for nothing

Six years have passed since Indiana sued IBM over the failed $1 billion contract for the computer giant to modernize a punch-card-era system for determining welfare eligibility. After the contract was famously canceled, IBM blamed the state, the state blamed IBM, and they’ve been fighting in court since.

Hammond: Loss of love and companionship: Tough love for minors

The situation: a single mother is killed in a crash leaving behind a young daughter. The defense attorney refuses to consider paying any damages to the young daughter beyond her 18th birthday, including for the loss of love, care and affection of her deceased mother. Can that be right?

Start Page: Clear your Outlook inbox, clear your mind

Unfortunately, leaving emails unprocessed in your inbox waiting for you drains your energy, causes you to procrastinate, and takes up mental capacity. Thankfully, there’s a better way to deal with email. It’s called getting to “Inbox Zero.”

Cotterill: Commercial courts will enhance economic development

Indiana’s judiciary has been added to the long list of what makes Indiana so favorable a place to do business.

Hammerle on…'Finding Dory,' 'Weiner'

Abandoned by my two grandchildren and Saudi foreign exchange student, I was forced to bite the bullet and go alone to see “Finding Dory.”

In Brief

Obama immigration plan blocked by 4-4 tie at Supreme Court

A tie vote by the Supreme Court of the United States is blocking President Barack Obama's immigration plan that sought to shield millions living in the U.S. illegally from deportation.

High court limits use of repeat offender law

The U.S. Supreme Court is making it tougher for federal prosecutors to seek longer prison terms for people convicted of repeated violent crimes.

Texas affirmative action plan survives Supreme Court review

In a major victory for affirmative action, a divided U.S. Supreme Court on Thursday upheld the University of Texas admissions program that takes account of race.

New state law allows distilleries to sell carryout 7 days a week

A new state law that takes effect July 1 lifts the ban on carryout sales for artisan distilleries, putting the businesses on par with wineries and craft breweries, which already sell alcohol on Sundays.

High court limits drunken-driving test laws

The U.S. Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests.

Supreme Court strikes down Texas abortion clinic regulations

The U.S. Supreme Court has struck down Texas’ widely replicated regulation of abortion clinics in the court’s biggest abortion case in nearly a quarter century.

Attorney wins $9.5M for family of man who died in rehab hospital

An Indiana attorney has won what he claims is a record amount from a wrongful death lawsuit as a Lake County jury Friday awarded the family of a man who died in a rehabilitation hospital $9.5 million.

Study: Indiana judiciary doesn’t reflect state’s diversity

Indiana is one of 26 states to receive a failing grade on the diversity of its judiciary in a new study released Wednesday by the American Constitution Society for Law and Policy.

Special Sections

Indiana Court Decisions - June 8-21, 2016

Read recent Indiana appellate decisions.

Bar Associations

DTCI: Consequences of silence

What civil litigators should know before a client “takes the Fifth.”

DTCI: Women in the Law Division hosts events

Attorneys and sponsors joined with about 25 other attorneys at McCormick & Schmick’s in Indianapolis for a networking mixer on June 8.

IndyBar: Welcome New Citizens at Naturalization Ceremonies

For attorneys, the courtroom is often rife with conflict and anxiety. But for some hopeful individuals, the courtroom is where their dreams of becoming United States citizens officially become reality.

Moberly: Take Time to Make Memories

Your law practice will not dissolve if you leave it for a week or two. I’m always happy to see that a lawyer needs a continuance to take a family vacation. You probably won’t have plenty of time and money for a vacation until you’re retired and your kids are too busy with their own lives. So don’t wait.

IndyBar: Pro Bono in the Fast Lane!

In the mood for meaningful pro bono service without the long-term commitment? Volunteer just a couple hours at Ask a Lawyer on Oct. 11 and you’ll provide guidance that can make a world of difference to our neighbors in need.

IndyBar: Intellectual Property Section Awards Patent Bar Scholarships

Congratulations to Melissa Haulcomb, a second-year law student at Indiana University Robert H. McKinney School of Law, and to Derek Hamilton, a second-year law student at Indiana University Maurer School of Law! These IndyBar law student members are the recipients of the IndyBar Intellectual Property Section’s 2016 Patent Bar Scholarships.

IndyBar Frontlines - 6/29/16

Read news from around the IndyBar!
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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