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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 enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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