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Federal Circuit converges on Indianapolis

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The 7th Circuit Court of Appeals has kept up with a trend of publishing more written opinions than any other federal court, and one of the most significant happenings in the past year is the recent resurrection of inviting lower trial judges to sit by designation on appeals panels.

Chief Judge Frank Easterbrook offered those two points to hundreds of his colleagues within the federal legal community who are gathered in Indianapolis for the annual meeting of the 7th Circuit Bar Association and Judicial Conference. The two-day event rotates locations each year and comes to Indiana once every four years.

The business portions are today and Tuesday at the Westin Hotel, with panel discussions focusing on legal writing, caselaw about non-scientific evidence, attorney-client privilege in government investigations, e-communication security and privacy, civil discovery, victims' rights, patent litigation, and a look at the Midwest economy.

During his annual State of the Circuit address at a luncheon this afternoon, Chief Judge Easterbrook highlighted his decision in January to start inviting District judges to sit by designation at the 7th Circuit - a policy that hasn't been used for about 15 years. He plans to start inviting more judges later this year.

Overall, caseloads in the Circuit remain steady and saw an 8 percent increase last year, the chief judge said. The 7th Circuit continues standing out in that it publishes written opinions in 51 percent of its decisions, compared to 19 percent nationally - 693 were published last year, he said.

This coming year could present challenges in that the entire Western District of Wisconsin will see a complete turnover of judges, and the Southern District of Indiana may have two vacancies to fill simultaneously - that of Judge David F. Hamilton who's been nominated for the 7th Circuit, and Judge Larry McKinney who takes senior status in July.

Indiana Chief Justice Randall Shepard spoke briefly about how state courts continue working with the federal system to improve the nation's courts from within, and also about his work on a panel analyzing the Federal Rules of Civil Procedure.

Justice John Paul Stevens, the Circuit's representative for the U.S. Supreme Court, is a keynote speaker at a dinner reception this evening. Rev. David Link, former dean of Notre Dame Law School for 24 years, is receiving the American Inns of Court's 2009 Professionalism Award for the Seventh Circuit, which is given to a senior judge or lawyer whose life and practice displays "sterling character and unquestioned integrity, coupled with dedication to the highest standards of the legal profession."

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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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