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IBA Frontlines - 9/14/12

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Volunteer Judges Needed for Moot Court Competition

The Indiana University Robert H. McKinney School of Law Moot Court Society is currently seeking volunteer judges for the Hon. Robert H. Staton Intramural Moot Court Competition. Volunteer judges will be eligible for up to two hours of CLE credit by attending a judge training session and participating as an Oral Argument Judge or Brief Grader. For full details on the competition, to be held from late September to early November, and to volunteer, visit http://indylaw.indiana.edu/mootcourt/intramural.htm.

Indiana University Maurer School of Law is also seeking volunteer competition judges for its Moot Court event, set for October and November. See full details on the event at http://law.indiana.edu/students/competitions/mootcourt/index.shtml. If you would like to volunteer as a Moot Court judge for this event, please contact the Executive Judge Coordinators at judges@indiana.edu.

Proposed Amendments to Local Rules: Comment Period

The judges of the United States Bankruptcy Court for the Southern District of Indiana are considering amendments to the local rules, which were proposed by the Local Rules Advisory Committee. The proposed amendments can be found on the Court’s website at www.insb.uscourts.gov. Comments to the proposed amendments are due by October 1, 2012, and can be sent by email to Local_Rules_Comments@insb.uscourts.gov or by regular mail to Kevin Dempsey, Clerk, United States Bankruptcy Court, Room 116, Birch Bayh Federal Building and United States Courthouse, 46 E. Ohio Street, Indianapolis, IN 46204.

Marion Superior Court Seeking Court Administrator

Marion Superior Court is currently seeking applicants for the position of Court Administrator. Under the jurisdiction of the Judges of the Marion Superior Court and the Judge of the Circuit Court, the Court Administrator performs administrative responsibilities of the non-judicial activities of the Marion Circuit and Superior Courts. The full job description as well as requirements for the position and application instructions can be found at www.indybar.org. The application deadline is September 15.

IndyBar Law Student Division Seeking Executive Board Members

The nomination period for the 2012-2013 the Indianapolis Bar Association’s Law Student Division Executive Board has begun. There are a total of eight At-Large positions available. This is a unique and exciting opportunity for students to be involved with the planning and implementation of many IndyBar student educational and networking functions as well as an opportunity to enhance leadership skills. Applications and statements of interest are due October 15. See details at www.indybar.org

The IndyBar Legal Directory is Here!

Pre-ordered legal directories are available for pickup at the IndyBar office during normal business hours (Monday through Friday, 8:30 a.m. to 4:30 p.m.). If you selected to have your legal directory shipped, watch your mailbox. Shipped orders will begin arriving September 3. Forget to order your copy? Go to www.indybar.org/store to place your order today. Directories are $55 plus tax and shipping, if applicable.

Need Your APC Credit?

The IndyBar has the Applied Professionalism Course for you. Featuring esteemed presenters and interactive sessions, the IndyBar’s Applied Professionalism Course on Thursday, November 1 is the perfect way to satisfy this credit requirement for attorneys in their first three years of practice…PLUS, registration fees for this day-long program are even lower now than in past years! Access the full agenda and online registration at www.indybar.org.•

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  1. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  3. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  4. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  5. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

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