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Mass Tort Rule Changes Open for Public Comment

The Marion Superior Court has offered amendments to the local rule governing mass tort cases which would provide for electronic filing of these cases. The text of the changes may be found online at www.indy.gov or at www.indybar.org . Comments are being taken until Friday, September 3 and should be forwarded to Therese Hannah, Special Master Marion Superior Court 2 at therese.hannah@indy.gov. Approved amendments would be effective January 1, 2011.

District 8 Pro Bono Chair Appointed

Hon. David A. Shaheed of the Marion Superior Court has been appointed to a three-year term as chair of the District 8 Pro Bono Committee by Indiana Supreme Court Chief Justice Randall T. Shepard.

Volunteers Needed for Home Borrower Outreach Events

The Indiana Foreclosure Prevention Network, in cooperation with the IndyBar Pro Bono Standing Committee, is recruiting attorneys to attend two home borrower outreach events to answer general legal questions about foreclosure proceedings. The first event, to be held Sept. 1 from 3 to 8 p.m. at the Indiana National Guard Armory, will include a free workshop by IFPN counselors with attorney volunteers answering general legal questions, probably in small group settings, in two hour shifts. The second event, a partnership with the HOPE NOW Alliance, will be held on Sept. 16 from 2 to 8 p.m. at Lafayette Square Mall and will feature lenders present for face-to-face meetings with troubled borrowers. This event will also include attorney volunteers answering questions in two hour shifts in small group settings. If you are interested in receiving additional information, contact Megan Graves at megraves@hcda.in.gov, Brita Horvath at brita.horvath@bakerd.com, Andy Campbell at andrew.campbell@bakerd.com, or Caren Chopp at cchopp@indybar.org.

E-Filing Trainings Scheduled

Two trainings for Marion County’s new File & Serve service are scheduled for Tuesday, September 28 and Wednesday, September 29. The trainings, presented jointly by Marion Superior Court and Lexis Nexis, will be held at the IndyBar Education Center. See www.indybar.org for details and registration information.

Don’t Miss These Section Socials

Two section socials are coming up...don’t miss these great opportunities to mix and mingle with fellow Indy practitioners! Business Law Section members will enjoy a free Summer Social on Wednesday, August 18 from 5 to 7 p.m. at the Rathskeller. This event will be held immediately after the section’s ethics seminar, which will be held from 4 to 5 p.m. at the Rathskeller. The IndyBar Taxation Section will join with the local Estate Planning Council and Financial Planners Association for their annual social event on Tuesday, September 14 from 5 to 7 p.m. at the Conrad Indianapolis. Register for these events at www.indybar.org.

Legal Line Volunteers Make a Difference

Members of the Indybar Young Lawyers Division were on hand to assist the public during the bar’s recent Legal Line free call-in advice program. Participating in the program were Tracy Betz, Taft Stettinius & Hollister LLP; Ben Caughey, Ice Miller LLP; Stephanie Eckerle, Plews Shadley Racher & Braun LLP; Katherine Gould, Lewis Wagner LLP; Whitney Mosby, Bingham McHale LLP; Joel Nagle, Tabbert Hahn Earnest & Weddle LLP; Lindsay Ramsey, Ice Miller LLP; and Chris Wahl, Hill Fulwider McDowell Funk & Mathews PC. Legal Line is held the second Tuesday of each month except December from 6-8 p.m. The number to call is 317-269-2000. To volunteer contact Caren Chopp, Indybar Pro Bono Coordinator at cchopp@indybar.org.

Turn Your Clients’ Business Risks into Financial Rewards: Tuesday, August 24

Do you know what captive insurance is, who qualifies for it, how they are formed and what drives clients to participate? Attend this seminar to find out. Topics discussed will also include how to profit from one’s business risk exposure, financial benefits of owning a captive including participation in underwriting profits, cost control of commercial insurance and compliance requirements, along with tax and asset protection benefits of owning a domestically licensed captive insurance company. Seminar includes 1 CLE.

Reasonable Searches According to the Supremes: Wednesday, August 25

Marion County’s long-time magistrate judge Mick Jensen will provide a review of 2009/2010 United States and Indiana Supreme Court decisions. Anyone practicing criminal law--particularly in Marion County’s drug courts--can benefit from Magistrate Jensen’s expertise. Seminar includes 1 CLE & NAC.

Plain English Civil Jury Instruction Seminars to be Held

The Indiana Judges Association will be hosting two Indianapolis area seminars on the new plain English civil jury instructions; the morning of October 6 at Primo Hall in Plainfield and the afternoon of October 21 at the Indianapolis Hilton North.

The seminars will focus on why plain English is important, the process used to get the model instructions, and how the new models are part of overall jury reform in Indiana.    Attendees can also examine some of the new models and have the opportunity to question the judges who wrote them.   Three hours of CLE will be offered, including one hour of ethics. The cost of the seminar is $145.00. Online registration opened August 16, 2010 at https://ijc.wufoo.com/forms/say-what-seminars-2010.

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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