ILNews

Judge: Names in workforce development cases should remain confidential

Back to TopCommentsE-mailPrintBookmark and Share

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.”

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

ADVERTISEMENT