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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. 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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