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Hebenstreit: FIGHT ON!

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IBA-hebenstreitLess than 24 hours ago, I knew exactly what my topic for this column was going to be. I was going to talk about the insights I have learned working with the many talented members of the IndyBar this year. Now, as you read this you may wonder what this column has to do with the IndyBar. Well, when I signed on to do this job, I was told I could write about anything I wanted, so that is what I decided to do this time.

For about 5 years when I was in law school and after, two other friends and I drove to Hamburg, New York (near Buffalo) to snow ski. A mutual friend was from there, and his parents still lived in Hamburg. That gave us exactly what we needed — a place to stay that was my favorite price — free. Without their hospitality, we Hoosiers would not have been able to afford skiing. Pete and Mollie were just great folks. Both had white hair, were very Catholic, and were obviously very close. They lived in a New England clapboard house that was always covered in snow. Each year, they turned themselves inside out to make us feel at home. We thought we had hit the jackpot and wondered why they put up with us. Now that I have grown children, I know that they enjoyed it as much, or more, than we did. A great deal for all concerned.

Last night I recognized the Hamburg return address on a Christmas card and opened it. For some reason, after 33 years, I still remember their street address. The card was from Pete. That’s right, not Pete and Mollie. I knew that Mollie had passed away earlier this year. We had shared Christmas cards with each other every year, but the notes we received in prior years were always in Mollie’s handwriting. This year, Pete was writing to let their friends know of Mollie’s passing. Reading the card was emotional.

Everyone has a different way of celebrating/dreading the holiday season. We will be fortunate enough to have the entire family home. Being able to spend time with grown children is priceless. It will be fantastic to have them around even for just a few days. My Dad celebrates his 87th birthday on Christmas Day, and all will be around to help him celebrate it. His knees are getting a little unreliable and his hearing is shot. He spends most of his days taking care of my Mother, but that is his mission in life at this point. He doesn’t seem to mind. Robyn’s parents will also be around. Both are OK, but the years take their toll. What a strange reward for a life well lived!

I have handled enough family law cases to know how stressful the holiday season can be. Many families are not close, and the required interaction at the holiday season is probably unbearable. We have several friends who have lost parents, siblings and even children this past year. It must be horrible to watch the calendar creep closer to the holidays and wonder how empty the feeling will be. Hopefully all will find their own peace.

But I do not want to end on a sad or somber note. Pete’s handwritten note under the standard typed letter read “Mollie sure loved your ‘ski trip’ visits. So did I.” And we thought we were getting the better part of that deal! He also wrote “I plan to stay here on Highland Ave. The neighbors are great, the yard work is good for my health…and I know where everything is supposed to be.” What an attitude! He had cared for her through a 5-year battle with Alzheimer’s. Many would think their life was over after losing their best friend of 60 years, but not Pete. I hope I have that spirit when the chips are down. It is a good lesson for me, and I hope for you also. Fight on!

I hope you all have a very Happy Holiday season.•

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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