Editorial: More of the same?

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Indiana Lawyer Editorial

They’re back, and like most citizens who watch with interest the goings on in the Indiana General Assembly, we’re not sure it’s altogether a good thing.

House Democrats ended their five-week walkout, and now we seem ready to get on with the business at hand: continuing the process by which Indiana can enshrine in its Constitution the discriminatory legislation some lawmakers are convinced without which heterosexual marriage will become endangered; and continuing the work toward passing an Arizona-style immigration law, without which some are certain our economy will collapse under the weight of all the welfare we apparently provide to people not in the country legally.

For a party that seems both at the state and national level to pride itself on a platform of small government and getting government out of everyone’s lives, Republicans certainly have a peculiar means of demonstrating these values.

Few things are more conservative than big business, and that some of Indiana’s largest employers have testified that our proposed same-sex marriage prohibition amendment and our determination to become the next Arizona regarding immigration will actually harm our business interests seems no deterrent to legislators who would advocate for such discriminatory practices.

Given that this is the kind of behavior we’ve become accustomed to expect from our legislators, no matter the political stripe, we must say that the bar is set remarkably low regarding what we expect from the last weeks of the legislative session.

We could be moving closer to completing the work of the Judicial Technology and Automation Committee with the case management system that has been implemented in 81 courts of 26 counties statewide. JTAC advocated for legislation that would have tacked on a modest fee increase to certain court filings to fund the project through its completion; the fee would have decreased upon the project’s completion. Instead, legislators delivered a funding cut.

We understand the argument that some have against our courts being in this business and that some would rather have seen private enterprise deliver this service. Restricting funding for a project that is about a third of the way completed seems like a tremendous waste of public funding.

Judicial raises are under threat again, after years of being non-existent. A law was passed in 2005 that tied judges’ pay raises to that of other state workers. But language is now on the table that would circumvent the change.

That such a move could undo all of the effort that went into finally securing a means for these judicial officers to be treated the same way all other public employees are treated is despicable and shows a contempt for our legal system. Either the state can afford to give all public employees a pay raise in the next budget or it cannot; all should be treated the same way.

Most bar association leaders who watch the Legislature say they expect no mischief in the waning days of the session.

We’d like to be able to express that sort of optimism.•


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.