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Judge: Names in workforce development cases should remain confidential

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There appears to be discord among the judges on the Indiana Court of Appeals as to whether party names should be confidential in workforce development cases.

Chief Judge Margret Robb and Judges Edward Najam and Terry Crone released an unemployment benefits decision Thursday using only initials to identify the parties: company S.S. and employee D.H. In the opinion – in which the judges affirmed the finding of the Review Board of the Indiana Department of Workforce Development that D.H. was not terminated for just cause and is eligible for unemployment benefits – authoring Judge Najam and Chief Judge Robb noted they agreed with the recent opinion by another panel that names of parties should be used in workforce development cases.

But in S.S. LLC v. Review Board and D.H., No. 93A02-1101-EX-56, Judge Crone wrote a 7-page concurring opinion in which he agreed with the outcome of D.H.’s case, but felt that initials should be used instead of party names in review board case captions and opinions. This is contrary to the unanimous opinion issued Aug. 12 in LaDon A. Moore v. Review Board and Whitington Homes and Services, No. 93A02-1005-EX-529, in which authoring Judge John Baker and Judges James Kirsch and Elaine Brown held statute and administrative rules did not require the court to use initials in these types of cases.

The Moore judges noted that the initials-only practice began Jan. 1, 2010 – even though Indiana Code 22-4-19-6 has remained much the same since 1947 – when the issue was brought up that amendments to Administrative Rule 9(G) required using initials. In Moore, the review board had filed a motion asking the court to publish the names of the parties, individuals, and employment units in that case and all future cases.

Judge Crone found the position of the Moore court to be contrary to law and even pointed out that the Indiana Supreme Court adopted Administrative Rule 9(G)(1)(b)(xviii) using initials at the request of a former chief judge of the COA, making a reference to Judge Baker without using his name by saying that the chief judge also authored Moore.

Crone disagreed with the analysis in the Moore decision, believing that the rule amendment does apply to the Court of Appeals, that the COA’s opinions are easily searchable online regardless of whether full names are used, and opinions are not the same thing as an order for purposes of I.C. 22-4-19-6(b).

“More generally, I am dubious about the propriety of a single panel of this Court issuing a ruling on a motion in a single case that will affect the privacy rights of unemployment litigants in future cases,” Judge Crone wrote. “I have no position on the propriety of or the wisdom behind the rule as written, but I believe that we must follow it until such time as it is repealed by our supreme court. I would encourage our supreme court to visit this issue by court opinion or rule change to give proper guidance in and finality to this matter.”

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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