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Judge unsure about ACLU student chapter

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An Indianapolis-based federal judge wants to know more before he decides whether a student chapter of the American Civil Liberties Union of Indiana has standing to seek class certification in a lawsuit against the Indiana Board of Law Examiners. At least one student alleges her constitutional rights are violated by questions on the bar exam application.

But the judge found that an Illinois attorney who wants to sit for the Indiana bar exam does have standing to seek class certification, and he's granted that status in this litigation while the issue involving the student chapter at Indiana University School of Law - Indianapolis remains open.

U.S. District Judge William T. Lawrence on Friday issued a 10-page order in Amanda Perdue, et al. v. The Individual Members of the Indiana State Board of Law Examiners, 1:09-CV-842. In the past week, the ACLU of Indiana amended its complaint to include Perdue's real name after the judge had previously ruled that she couldn't proceed anonymously.

Perdue challenges the BLE requirement that she provide information about her physical and mental health when filling out her application to take the state bar exam. She'd answered "yes" in response to a question about her mental health, and as a result the BLE requested additional detail and referred her to the Judges and Lawyers Assistance Program for a mental health review. Instead of consenting, Perdue withdrew her application and in July sued the state over the issue, alleging that some of the application questions violate the Americans with Disabilities Act.

The ACLU student chapter later joined her as a plaintiff to prevent the BLE from inquiring about future bar applicants' mental health. One student, the president of the student organization, signed on and said she was aware of at least one group member who intended to take the Indiana bar exam at some point and could be impacted by these questions.

Both parties requested class certification, but the state argued that the student chapter doesn't have standing to be a class representative in this case.

"As an initial matter, the Defendants vigorously argue that the ACLU is not an appropriate class representative.... Much of the Defendants' argument against the ACLU's role as a class representative appears to be an allegation that the ACLU lacks standing," the judge wrote. "The Plaintiffs Reply does not address this issue. Because the Court is presently unable to determine whether the ACLU has standing, the parties are ordered to brief this issue. Until the Court determines that the ACLU has standing, the Court will not address whether it is an appropriate class representative."

Judge Lawrence gave the ACLU three weeks to file a brief in support of its standing, and 14 days from then for the state to reply before he again considers the issue.

As for Perdue, the judge determined she met the standard required by Rule 23 of the Federal Rules of Civil Procedure about class action status and that it should be granted. A hearing is set for March 12 in the case, but that date may be continued to a later time. The anticipated two-day trial is planned for April 2011.

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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