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General Assembly ready for new session's business

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With a new legislative session on the horizon, the Indiana General Assembly is going to be one to watch as it likely tackles a multitude of issues influencing the state’s legal community.

Lawmakers returned Nov. 16 for the mostly celebratory Organization Day, kicking off the session that means a return to power for Republicans in the House of Representatives and supermajority for that party in the Senate. Two lawyer-legislators will be leading those houses and setting the agenda while deciding what bills will make it to the respective floors for a vote.
 

long-david-mug Long

In the Senate, President Pro Tem David Long, R-Fort Wayne, was again chosen to head his party’s 37-13 supermajority, meaning Republicans will be able to conduct business without any Democrats being present.

In the House, the Republicans took a 60-40 majority and Indianapolis lawyer-legislator Rep. Brian Bosma regained the position of house speaker that he’d held in 2005 and 2006. Democrats have controlled the House for the past four years.

Both the House and Senate opened with a legislative prayer invoking Jesus Christ, an issue that had sparked a federal lawsuit in 2005 when Bosma last held the speaker seat. An Indianapolis judge ruled that historic practice wasn’t constitutional, but the 7th Circuit Court of Appeals later reversed the suit on procedural grounds without addressing the merits. The American Civil Liberties Union of Indiana continues to watch the issue, but no more suits have been filed.


bosma-brian-mug Bosma

Typically, Indiana’s Secretary of State calls each house to order. But Secretary of State and Congressman-elect Todd Rokita found himself in Washington, D.C., for new member orientation on organization day, paving the way for Chief Justice Randall T. Shepard to assume those duties. State law dictates that the chief justice should step in if the secretary of state is unavailable, though it has never happened in Indiana before.

“Normally, this is the moment when the secretary of state introduces the chief justice,” he said, garnering laughter and a standing ovation. “You didn’t have to do that. I just invite you to raise your hand and repeat after me.”

The chief justice administered the oaths to lawmakers, and in the House Bosma publicly outlined his priorities for the coming budget-setting session. He said kitchen-table analysis was needed in a time when state revenues are at 2005 levels, and Bosma encouraged more transparency in state government by promising that all House committee meetings would be broadcast online, that financial restraint and educational protections would be priorities, and he mentioned that redistricting will be a priority.

Bosma also encouraged bipartisanship and took action that he described as a first for the state – naming two Democrats to fill committee chair slots that would ordinarily go to the majority party. He named Rep. Steve Stemler, D-Jeffersonville, to chair the House Commerce, Small Business and Economic Development Committee; and named Rep. Chet Dobis, D-Merrillville, to lead a new government reduction committee that is tasked with identifying business regulations, state statutes, and agencies and commissions Indiana could do without.

That committee could not only examine state statutes that govern how Indiana attorneys practice law and the state’s judges interpret them, but it could also put more attention on reforms that have been outlined since the Kernan-Shepard report was released in 2007. One of those issues has been court reform, which the Hoosier judiciary supports in order to create more simplicity in how courts operate statewide. Condensing the number of city or town courts and changing jurisdictions of Circuit and Superior courts may be an issue on the committee’s agenda.

Earlier this fall, the Commission on Courts supported the concept of standardizing state trial court jurisdictions but didn’t draft any legislative language. The change would make reassigning workload between courts easier and wouldn’t require judges to seek proposed legislative changes for new judicial resources, according to Marion Superior Judge Mark Stoner, who has been a part of a larger court reform plan addressing this issue. If centralized state funding for trial courts materializes in the future, this would be a step toward easing into that, he said. That legislative proposal came along with another that the commission supported by a 7-1 vote (with Sen. Tim Lanane, D-Anderson, opposed) - recommending that all city and town court judges be attorneys starting with 2011 elections.

The Indiana State Bar Association and other bar associations say they will continue watching judicial selection, although no recommendations or proposed legislation have been made thus far this year, as well as keeping tabs on a possible legal services tax – something that’s been pondered in past years and might be more popular as lawmakers focus on budget-setting in the throes of a battered economy.

Attention will likely focus on the Judicial Automation and Technology Committee as it has in recent years, specifically as that committee considers the costs of a statewide case management system for all 92 counties. That proposal has been making progress since late 2007. The Commission on Courts approved draft legislation that would increase the Automated Record-keeping Fee that largely pays for the Odyssey system’s implementation from the current $7 to $10 beginning July 1, 2011, and then lowering it back to the existing level June 30, 2015. The commission voted 7-1 to recommend the proposal to legislators, which it has done in the past but has failed to get further support.

The Indiana Attorney General’s Office also has some key topics on its legislative radar that have financial and economic implications, such as transparency in local economic development agreements regarding casino revenue and issues involving mortgage foreclosure and Medicaid fraud.

Though legislators return to the day-to-day Statehouse work on Jan. 5, they can now introduce legislation for consideration in the coming session. Bosma has capped the number of bills each legislator can sponsor at 10.

“If you can’t forward your legislative agenda with a 10-bill limit in the long session, then maybe your agenda is too long,” Bosma said.

This is a long budget-setting session with lawmakers shooting to finish the state’s business by the end of April, in order to avoid a special session as was the case in 2009.•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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