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ISBA offers 'insider view' of appellate courts

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Indiana attorneys and jurists came together Wednesday to get an insider's view of the state's appellate process and learn more about the nuances of the system.

An afternoon continuing legal education seminar took about 100 attorneys on a walk through the appellate process, from filing motions, how staff attorneys and courts review, and what lawyers can do to make the process easier.

"This is the stuff we all get sweaty palms about, and we'd like to know where the daggers might be coming from," said Indiana State Bar Association president Richard Eynon, who attended the two-hour session.

Put on by the ISBA's Appellate Practice Section, the afternoon seminar was led by a six-member panel including Kent Zepick with Bingham McHale, who moderated the panel discussion; Kevin Smith, Indiana Supreme Court Administrator and Clerk of the Appellate Courts; Heather Smith, Deputy Clerk of the Appellate Courts; Danielle Sheff, a staff attorney for the Indiana Court of Appeals; Russ Hughes, a staff attorney for senior judges on the Indiana Court of Appeals; and Steve Lancaster, Indiana Court of Appeals administrator.

Topics that received attention during the seminar included new procedures attorneys will have to follow for "rotunda filing" once new security systems are in place at the Statehouse, recent appeals involving state administrative agencies relating to how motions and notices must be filed, and how attorneys can assist judges and court staff by including trial court chronological case summaries with their appellate summaries even though court rules don't require it.

"Don't think our court has easy access to trial court records," Sheff said, noting that 7,800 motions with orders came last year and the court often uses Doxpop or CivicNet to access trial records when needed. "If we have to stop to look up the history on your motion, that takes time from everything else."

Another topic delved into an ongoing issue of attorneys' incorrectly citing "Not For Publication" memorandum decisions, especially those being picked up by WestLaw and given N.E. 2d citations.

Panelists also discussed an appellate e-filing system that is currently being studied and could be implemented by the end of the fiscal year July 1, 2008. The courts are investigating IT needs for the entire appellate level this month and want to hear from the legal community this year about how the courts can better assist everyone on this.

"This is your chance to tell us what you like and don't like," Smith said.
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  1. 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

  2. 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

  3. 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

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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