In This Issue

SEPT. 24-OCT. 7, 2014
thisissue1-092414.jpg il092414 cover image

Indiana’s public intoxication statute, amended in 2012 to add four conduct elements, is on thin ice constitutionally for vague and subjective language. The Marion attorney who told a judge he "doesn't like socks" and won't wear them while in court has sparked a discussion by attorneys on court dress code. Attorneys says representation is imperative to due process for the child immigrants who have come to the U.S. recently.

Top Stories

Little-known Indiana baseball roots rediscovered in lawyer’s exhibit

Baseball once was Indiana’s game, and attorney Scott Tarter has a major-league passion about preserving its rightful, if obscure, place in history.

Mentally ill inmates straining jail and DOC resources

An interim legislative committee is examining the need for treatment options but is unsure if funding will be available.

Representation is imperative to due process for immigrants

The cases involving immigrant children coming to the U.S. from Central America are creating more need for pro bono legal representation and are highlighting an area of asylum law that the courts struggle to clearly define.

Bingham Greenebaum Doll celebrates influential century

Longtime lawyers say the firm's legacy positions it for more growth.

The traditional suit still rules when in court

The decision by one Indiana attorney to not wear socks in the courtroom has sparked a discussion among lawyers about professional dress codes.

Line blurs on intoxication

Convictions for public intoxication don’t just require being pickled in public anymore. An inebriated person now has to do something else, but conduct elements added to the criminal statute in 2012 have blurred what constitutes a misdemeanor.


Dealing with differing perceptions of reality

Mediators say parties don’t always see facts the same way, but a "truth rule" could harm the confidentiality of the process.

A place for community mediation

While the state hasn’t funded community mediation centers, a few providers offer limited services.


DTCI: Deciphering the new Administrative Rule 9(G)

On Sept. 8, the Indiana Supreme Court issued an order amending the Administrative Rules, wherein it adopted most of the proposed changes and added some requirements to Rule 9(G). These amendments take effect Jan. 1, 2015.

Hammerle On … 'Get On Up,' 'The Drop'

Bob Hammerle says "The Drop" is worth seeing based on the performances of Tom Hardy and Noomi Rapace.

Bell: 3 things to know about reporting pro bono hours

Ready or not, Rule 6.7 of the Indiana Rules of Professional Conduct will hit the books Jan. 1, 2015. This rule will require an attorney to report his or her pro bono hours at the time of annual registration.

In Brief

Supreme Court posts annual report

The Indiana Supreme Court has posted its annual report, providing details of the 995 cases it reviewed in the fiscal year ending June 30 and elaborating on plans to roll out electronic filing in trial courts statewide.

DCS struggles to keep accurate caseload tally

Indiana has hired more case workers to keep track of its most vulnerable residents, but complaints about overwork continue to surface as the state battles turnover and questions the accuracy of data on caseloads.

7th Circuit stays same-sex marriage decisions

The 7th Circuit Court of Appeals has granted the motion for a stay of mandate filed by the defendants in Indiana’s same-sex marriage lawsuits.

DCS settles adoption subsidy lawsuit

Families who sued the Department of Child Services will receive $15.1 million in state foster child adoption subsidies withheld from 2009 to 2014, DCS announced Thursday.

Special Sections

Indiana Court Decisions - Sept. 3 to 16, 2014

Read recent appellate decisions from Indiana courts.

Spotlight: North/Central Indiana

A round up of news from northern and central Indiana, including a mayor's attempt to stay his contempt order.

On The Move

On the Move - 9/24/14

Read about who's recently joined Indiana firms, been appointed as an officer or started a new firm.

Disciplinary Actions

Disciplinary Actions - 9/24/14

Read who's received a public reprimand and who has been suspended by the Indiana Supreme Court.

Bar Associations

Abrams: The IndyBar – More Than Just A Pretty Name

Nearly one year ago, at our board retreat, we asked all of the board members to write down as many programs, projects and services that the IndyBar provided. Admittedly, many of us, yours truly included, were only able to name from some to substantially less than all of the amazing good deeds in which we participate.

IndyBar: Changes In Marion County Courts And Other Observations

Judge Tim Oakes discusses the changes coming to Marion County court assignments.

IndyBar: Proposal for Citation of Memorandum Decisions Unanimously Rejected

Recently, the Indiana Supreme Court unanimously voted to reject the recommendation of three Indianapolis Bar Association sections to allow citations of memorandum decisions.

IndyBar: Nominations Now Open for Recognition Awards

This fall, IndyBar members will be honored for their contributions to our legal community. The Indianapolis legal community is fortunate to be home to many talented, dedicated professionals, and we need your help in identifying our colleagues who went above and beyond in 2014.

IndyBar Interrogatories - Jack Kenney

Candid Q&A with the Bench and Bar.
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: