Observations of immigration bill hearing

February 10, 2011
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Reporter Rebecca Berfanger submitted this post.

Because the Indiana Lawyer’s immigration law focus section is coming in March, and because, as are many Hoosiers, I’m interested in a Senate bill similar to the law passed in Arizona regarding immigrants, I attended part of Wednesday afternoon’s Senate Committee on Pensions and Labor hearing on Senate Bill 590.

While I expected many people there both supporting and opposing the bill that, among other things, would require only English be used for certain communications, the office of management and budget to determine how much illegal immigrants cost Indiana, and police officers to determine the immigration status of offenders, as well as punish “employers who knowingly employ unauthorized aliens,” I was slightly underwhelmed.

From the buildup this hearing had received, I expected more people, like me, who were there to observe but could only stand in the hallway. There were maybe 40 or 50 of us, not a tiny number but not the hundreds I expected. Then again, I wasn’t allowed in the Senate gallery – it was full before I arrived – and the Senate chamber also looked full. Of those in the chamber, it was difficult to tell who were senators or their staff members, who was there to testify, and who may have been there merely to observe.

While it might have been interesting to sit in the gallery to observe the observers, I decided early in the day that I didn’t have 30 minutes or an hour to sit and wait to guarantee a comfortable spot. For those who do have that time, maybe they deserve those spots more than I do. When the bill comes before the full Senate or, possibly, the House, maybe I’ll plan to get there a little earlier to get a better viewing spot. Better yet, maybe I’ll stay in the office and watch it online like I normally do.

There were a few protestors holding signs in the hall outside of the Senate chambers. “Yes I’m American but I’m no fascist” and “Welcome to Indiana, home of the Superbowl where you will be racially profiled” caught my eye. While these posters may have received the attention of those in the chamber, the bill still passed out of committee by a vote of 8 to 1.

Other observations: the hearing started about 15 minutes late (do these ever start on time?); a few senators came out into the hall to meet with constituents; it is approximately 200 degrees in the Statehouse; the veterans’ groups that spoke early about national security received cheers and applause, but those who were applauding were quickly reminded that no one is allowed to talk during a hearing except for those who are testifying; the TV outside of the Senate chamber did not show what was happening inside as I had hoped; the audio system in the hallway was either too loud or too quiet, depending on who was speaking; and a few people in the hallway who were there to protest the bill brought their young kids.

I couldn’t stay for the entire hearing – I had work to do back at the office and figured I’d follow up with a few of the key people later for my story – but these are worth checking out from time to time, if you have the time. They’re open to the public and free and always a good reminder of how state government works. Or you can watch it live online from the comfort of your desk.

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  1. G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.

  2. SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.

    Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
    Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
    Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
    It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.

  3. Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
    As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
    This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.

  4. Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.

  5. This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.

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