ILNews

Judge nixes non-attorney’s attempt to join class action

Back to TopE-mailPrintBookmark and Share

A federal judge says that a non-attorney who wants to work for the American Civil Liberties Union of Indiana or as a local public defender can’t join an already-pending class-action lawsuit that challenges the state’s Board of Law Examiners and its questions about applicants’ mental health history.

The entry comes in the case of Amanda Perdue, et al. v. The Individual Members of the Indiana State Board of Law Examiners, No. 1:09-CV-0842, which the ACLU of Indiana filed last year in the U.S. District Court, Southern District of Indiana. The case boils down to accusations that the Indiana bar examination application violates the Americans with Disabilities Act because of certain mental health questions. The plaintiffs are an Indiana woman who is admitted to practice in Illinois but wants to practice in her home state, as well as the student ACLU chapter at Indiana University School of Law – Indianapolis where individuals could be impacted by the controversial questions.

The court ruled in May that applicants’ privacy concerns outweighed the need for the BLE to obtain any additional mental health information in discovery, and U.S. Judge Tanya Walton Pratt has since been assigned the case and is currently considering whether to re-examine that discovery ruling.

During the past month or so, Indianapolis resident Robert M. Shaw – who the court docket says is representing himself pro se – filed motions to join the suit and obtain an injunctive order allowing him to work for the ACLU or Marion County Public Defender’s Office without any interference from the BLE.

Judge Sarah Evans Barker in June dismissed a case that Shaw filed earlier in the year that sought a court order to practice law in the state. Shaw alleged that his reporting of an alleged illegal act by a California state bar member damaged his reputation there and led Indiana officials to “blacklist” him here.

In that suit, Shaw noted that he’d applied for positions with the Indiana Attorney General’s Office and in Marion County as a public defender but was turned down.

Specifically, Shaw contends in both that dismissed suit and in the latest filings in the Perdue case that a U.S. Supreme Court ruling in the New Mexico case of Schware v. Board of Bar Examiners, 353 U.S. 232 (1957), held that states can’t infringe on someone’s due process rights by excluding them from practicing law.

In his most recent court filing, Shaw wrote that the plaintiffs in this case are “not untrained, and have all been educated in law and are simply seeking to earn a living. The Plaintiff should be able to do that without any interference from the Indiana Board of Law Examiners and the Plaintiff seeks (an) injective order to prohibit the Indiana BLE from any retaliatory act.”

But Judge Pratt noted that Shaw didn’t state or suggest that he falls within the class membership for the Perdue case and denied his request to join. She also denied his injunctive order request.

A phone number for Shaw listed on the federal docket has been disconnected, and he could not be immediately reached for comment.

The issues Shaw raised in his litigation echo claims made in another federal case pending before Judge Barker. In that case, the plaintiff wants to take the bar exam without going to law school and claims Admission Rule 13 – detailing the educational requirements to sit for the bar exam – violates his rights to due process and equal protection under the 14th Amendment. That case is Clarence K. Carter v. Chief Justice and Justices of the Supreme Court for the State of Indiana, et al., No. 1:10-CV-0328, and last week Judge Barker declined the state’s motion to dismiss.
 

ADVERTISEMENT

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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT