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DTCI: Who needs government? Maybe we do!

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DTCI-Tyra-Kevin.jpgWhen I got out of bed this morning, a Tea Party activist on the morning news was decrying government intrusion into our lives and our freedom. He seemed to be saying that our lives would be so much better without government getting in our way and getting in the way of businesses trying to make our lives better through the free market system.

I assume he was referring to businesses such as AIG, Goldman Sachs, BP, and Massey Coal Company.

But I’m really onboard with what the Tea Party guy was saying. After all, whatever I have accomplished in my life is the result of my own hard work, right? I’m sure it wasn’t because of the federal government’s implementation of the G.I. Bill of Rights after World War II, which allowed my father to go to vocational school and my father-in-law to go to college, which made a world of difference in the socio-economic conditions of their families. And the fact that I, my wife, and our son, daughter, and daughter-in-law all received college educations at Indiana public universities subsidized by Indiana taxpayers (as well as numerous federal grants) doesn’t change the fact that we got where we are just through our own hard work and not with the help of the government.

I continued thinking about this as I efficiently made it into work on an interstate system largely financed by the federal government, and on city streets that have properly working traffic lights and are mostly pothole-free thanks to state and municipal funding and employees. I didn’t need to concern myself with risks to my personal safety on the way in since the Indianapolis Metropolitan Police Department and Indianapolis Fire Department have a pretty good handle on things. Not much by way of highway brigands. And thanks in large part to the Department of Homeland Security and related agencies, there wasn’t much chance of being caught up in a terrorist attack either.

As I arrived at work, our paralegal, Amy, was already gathering docket updates and data we need on various cases through government online sources such as in.gov and Doxpop. She was also on the phone to a Superior Court clerk with a question about a recent filing. When we file a pleading by mail, it’s pretty certain it will arrive promptly thanks to the U.S. Postal Service.

One of our associates, Jerry, was heading out to the federal courthouse for a settlement conference in which a federal magistrate was serving as a mediator in one of our cases, at no charge to the parties.

That afternoon I argued a summary judgment motion before an impartial judge in a court financed through a combination of tax dollars and filing fees (paid by the plaintiff, not by my client). Although sometimes the judge is wrong (defined as “the judge ruled against my client”), it’s still about the best system anyone could come up with.

Well, perhaps our ability to function in society, and to make a living, and to enjoy the kinds of lives we want to live, isn’t solely derived from our own efforts. Perhaps government isn’t merely an intrusion into our lives. In many respects, governmental activity makes the lives we enjoy feasible. And perhaps Oliver Wendell Holmes, Jr. was right when he said, “Taxes are what we pay for a civilized society.”•

__________

Kevin C. Tyra is the principal of The Tyra Law Firm in Indianapolis. He is a member of the DTCI board of directors. The opinions expressed in this article are those of the author.
 

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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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