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IndyBar: The Appellate Courts Demystified

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By the IndyBar Professionalism Committee

For some trial attorneys, the courtroom becomes like a second home. They can come to feel like they spend more time there than with their families or friends. However, those same attorneys can feel the fear in their hearts when they hear a case has gone up in appeal. Many view the appellate process as if it were a foreign country where they don’t speak the language and have no idea of the local customs.

While some of the same rules of civility apply in the appellate courts as in the trial courts, the judges and justices in the appellate courts may have some expectations of civility which would surprise attorneys more familiar with the trial court systems. As part of the Professionalism Committee’s ongoing series of videos on civility, Hon. Margret Robb, Chief Judge of the Indiana Court of Appeals, has recorded a video where she discusses some of the rules of civility for the appellate court system.

If you have a case coming up in the appellate courts, or if you fear the appellate courts more than the dentist, take a moment and watch Judge Robb’s video. It may make you feel as if you’ve been given a guidebook explaining some of the local customs of that foreign country.

New videos will be distributed regularly and are available on the IndyBar website at www.indybar.org/resources/video-gallery. If you have any suggestions for future topics regarding professionalism and civility, please contact Caren Chopp at cchopp@indybar.org.•

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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