ILNews

In Brief - 7/31/13

IL Staff
July 31, 2013
Keywords
Back to TopCommentsE-mailPrintBookmark and Share

The IL Daily delivers legal news to your email inbox. In case you missed it, following is a recap of some of the stories reported online since the last issue of Indiana Lawyer. To subscribe to the IL Daily, visit www.theindianalawyer.com.

Judges formalize reaffirmation of City-County Building firearms ban

Marion County judges on July 19 formally reaffirmed a 2007 policy banning firearms from the City-County Building. Law-enforcement personnel and judicial officers are exempt from the prohibition.The reaffirmation came in response to concerns about the impact of a 2011 law that widely voided local gun regulations. The law allows courthouses to continue to ban weapons. However, Indiana Code 35-47-11-1.4(5) makes an exception for common areas of courthouses or parts used by residential tenants or private businesses.Marion Circuit Judge Louis Rosenberg in May told the Marion Superior Court Executive Committee that allowing guns in common areas of the building would be impractical.“Due to the configuration of courtrooms, penal facilities … and court offices throughout the building, (it) cannot be rendered safe except by the prohibition of weapons in the entire building, including common areas,” reads the reaffirmation the committee officially approved.

2 new magistrates appointedin Hendricks County

The Hendricks Superior Court is welcoming two new judges to the bench.Attorneys Tammy Somers and Michael “Joe” Manning have been appointed as magistrates for the Superior Court. Somers accepted the position effective July 1, 2013. Manning accepted the position effective Aug. 5, 2013.A duel robbing ceremony for both new appointees will be held at noon Aug. 2 in Superior Court 1 in the Hendricks County Courthouse, 51 W. Main St., Danville. All Hendricks County Bar Association members are invited to attend.Somers previously served in the Office of the Indiana Attorney General as deputy attorney general. Prior to joining the attorney general’s office, she served as magistrate for the Lake County Superior Court and deputy prosecutor for the Lake County Prosecutor’s Office.A graduate of Valparaiso University Law School, Somers also recently completed the Indiana State Bar Association’s Leadership Development Academy.Manning previously operated the Manning Law Office, in Danville, where he focused primarily on criminal defense. He also served as deputy prosecutor for both the Hendricks County Prosecutor’s Office and Marion County Prosecutor’s Office before entering private practice.Manning is a graduate of the Indiana University Robert H. McKinney School of Law.

ACLU of Indiana to look at civic literacy at August event

The August edition of the ACLU’s First Wednesdays program will ask if democracy can survive given the current state of civic literacy in the United States.Attorney Mickey Maurer, who is chairman of IBJ Media Corp., which publishes Indiana Lawyer, will moderate the panel discussion that features We the People coach Michael Gordon; Sen. Brandt Hershman (R-Buck Creek); and Indiana University-Purdue University Indianapolis professor Sheila Suess Kennedy.The panel will look at the consequences of poor civic education and Indiana’s civic literacy report card. The inaugural Indiana Civic Health Index found the state’s voter turnout and registration are among the lowest in the country.The panel discussion begins at noon Aug. 7 in the WFYI Reuben Community Room, 1630 N. Meridian St., Indianapolis. The First Wednesdays program is free, and attendees are encouraged to bring their lunch. The ACLU of Indiana will provide drinks.

Grants available for family and child permanency projects

The Indiana Court Improvement Program is accepting applications for projects that are designed to improve the safety and permanency of children and families involved in children in need of services and/or termination of parental rights proceedings.Applicants could receive funding from three areas – basic court improvement grant funds; data collection and analysis grant funds; or training and education grant funds. Applicants should demonstrate their efforts as sustaining project operations through identification of goals, outcomes and additional funding resources.More information is available on the court’s website, http://www.in.gov/judiciary/cip/index.htm.  Applications are due July 26 to the Indiana Judicial Center.

ACLU files suit over denial of prisoner’s request to pray in group

The American Civil Liberties Union of Indiana announced July 22 that it has filed a lawsuit on behalf of a prisoner who practices the African Hebrew Israelite religion because the Pendleton Correctional Facility won’t allow the religious group to congregate for prayer unless a volunteer is present.“The DOC does not have the right to deny prisoners an intrinsic element of their religious beliefs,” said ACLU of Indiana Legal Director Ken Falk. “Federal law protects people from substantial burdens on their religious free exercise, and the equal protection clause guarantees that laws will be applied equally.”The lawsuit, Paul Veal v. Commissioner, Indiana Department of Correction, et al., 1:13-CV-1167, alleges that the facility, run by the Department of Correction, is in violation of the federal Religious Land Use and Institutionalized Persons Act and the Equal Protection Clause of the 14th Amendment.The ACLU of Indiana says the facility doesn’t require volunteers to be present for other religious groups to congregate. The suit was filed in the Indianapolis Division of the U.S. District Court’s Southern District of Indiana.

Lilly, Simon lawyers makebest-paid general counsel list

Attorneys for two Indianapolis-based Fortune 500 companies are among the 50 best-paid general counsel, according to a list published July 22 by Corporate Counsel Magazine.  Retired Eli Lilly and Co. general counsel Robert A. Armitage and Simon Property Group general counsel James Barkley respectively ranked 32nd and 41st on the 2013 General Counsel Compensation Survey.Armitage inched up from 34th on the 2012 rankings that were based on 2011 earnings. The survey said his compensation for 2012 totaled $7,505,514 – about $1.8 million in salary and bonus compensation plus about $5.7 million in stock option earnings. Armitage retired at the beginning of this year and was succeeded by Michael J. Harrington.Barkley didn’t make the Top 100 in the 2012 survey. According to the 2013 list, he earned $2,472,046 in 2012. That included salary and bonus pay of a little more than $1.5 million and stock option income of more than $900,000.

Judge: Continuing current sequestration cuts would be ‘devastating’

A federal judge implored a Senate panel July 23 to provide sufficient funding for U.S. courts, warning that the general public will lose the access to justice that has been a hallmark of this country.Judge Julia S. Gibbons, chair of the Budget Committee of the Judicial Conference of the United States, testified before the Senate Judiciary Subcommittee on Bankruptcy and the Courts.“Our workload does not go away because of budget shortfalls,” Gibbons said. “Deep cuts mean that the judiciary cannot perform adequately its constitutional and statutory responsibilities.”Under sequestration, federal courts will receive 5 percent less funding in the current fiscal year than in fiscal year 2012.The current staffing level of the clerks of court, probation and pretrial services personnel is the lowest since 1999, yet the workload is higher now than 14 years ago.The budget cut $52 million from the federal defender program. Gibbons pointed out that nearly 90 percent of federal criminal defendants require court-appointed counsel. The federal defender offices have downsized about 6 percent since October, and it’s anticipated that staff will be furloughed an average of 15 days for the rest of this year.Gibbons also testified that funding for courthouse security has dropped 30 percent, leading to increased risks in public safety.The judiciary is concerned that continuing at current sequestration levels into fiscal year 2014 would result in the loss of additional court and defender jobs, as well as cuts in services.

Judge issues gag order in Bei Bei Shuai case

The judge in the case of a woman charged with murder and attempted feticide in the death of her newborn daughter on July 25 ordered prosecutors, defense attorneys and others involved in the case not to speak about it outside court.

Marion Superior Criminal Division 3 Judge Sheila Carlisle issued the order during a status hearing ahead of the trial scheduled to begin Sept. 3.

Carlisle’s order cites Indiana Rules of Professional Conduct 3.6(a) and 3.6(d)(1)-(5). The order bars lawyers from making “any judicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know, that it will have a substantial likelihood of materially prejudicing a trial in this cause.”

Prosecutors and defense attorneys also are ordered to exercise reasonable care to prevent potential witnesses, law enforcement, investigators or others involved in the case from making statements that attorneys otherwise would be prohibited from making.

Prosecutors said the trial could last three weeks. Carlisle estimated as many as 150 to 200 potential jurors may be called to fill out questionnaires and be considered for a jury she said would consist of 12 jurors and likely six alternates.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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.

  2. 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.

  3. 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)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

ADVERTISEMENT