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Hickey: Things You Can Count On

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IBA-Hickey-ChristineThis is not about death and taxes. Rather, this is an exciting time of year and as I sat down to write this article, it became clear to me how important it is to have things to look forward to, things you can count on. No matter how small, no matter how seemingly inconsequential, tradition is an important part of our lives.

For years, on the Monday after Thanksgiving at the office we would come back to fresh holiday greenery and an overwhelming smell of pine. Wreaths and garland filled the foyer, the stairwells, the air. It marked the official start of December and the end of another year. For so long it was expected, and after a while more attention was paid to the needles that fell on the floor than the spirit the garland brought to our space.

A few years back, the greenery stopped; the florist who came to hang it was needed no more. The Monday after Thanksgiving came and went with no greenery; it was just another day. We all went about our business.

Just this past week, the first snow of the season fell on downtown trees all aglow with holiday lights. Salvation Army bell ringers have taken their place on street corners, beckoning to passers by to fill their red buckets. Law firm cards, well wishes, and open houses have begun. Thoughts of New Year’s resolutions are pushed aside, to be considered only after the holiday feasts have come and gone. Sweaters worn only at this time are pulled off of shelves, and every possible new toy imaginable is giving Super Bowl commercials a run for their money. These are the things that come with December.

The Bar also has things you can count on at this time of year. You can count on the Bar to cover your CLE needs. Each year the IndyBar offers an 11th Hour Video Replay series that is convenient, perfect for last-minute planners, and the most affordable CLE around. The dates this year are December 28, 29, and 30. The full schedule of videos can be found at www.indybar.org on the Events calendar. No advance registration is needed, the cost is $30 per hour for members, and brown-bag lunches are welcome.

It also wouldn’t be that time of year if we didn’t ask you for a contribution to the Indianapolis Bar Foundation. So much of what the Bar does is made possible through support of the IBF. The Foundation provides funds to support local law-related initiatives and organizations, law students, lawyers, and many important Bar programs. Funding for books for naturalization ceremonies, underwriting of pro bono programs like Ask a Lawyer, and scholarships to replenish the profession all come from the Foundation. Without members of the legal profession who are committed to giving back, much of this would not be possible. So that we can continue to have an impact in our community and on our profession, please make your donation to the Foundation today by check or online through the Foundation link located on the IndyBar website.

Lastly, but certainly not least, get out that holiday sweater and take the time to spend a couple of hours with your friends. Regardless of what the year has brought, and never mind busy schedules, the annual IndyBar holiday party is an event not to miss. This gathering brings together our community of attorneys, some of whose paths may only cross at this event. It’s a great time to catch up with colleagues, give well wishes, and share a toast with a friend. This year, the Bar is hosting the party on the 15th floor at 135 North Pennsylvania, on December 14 from 5:00 to 7:00. It’s free to all members and you will find the same smiling faces and holiday spirit as you have in years past.

For me, although I do miss the holiday greenery, I always look forward to celebrating another year with friends at the IndyBar holiday party. It’s a part of my December tradition. Lots of great lawyers, great people, and a great time. That is something you can count on.•

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. 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.

  4. 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.

  5. 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)

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