Courts

Judges split on court's role in garnishments with pro se debtors

October 28, 2010
Jennifer Nelson
The Indiana Court of Appeals was divided on whether a trial court should assert exemptions in garnishment actions on behalf of debtors who aren’t represented by counsel.
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Commission names 3 Indiana Tax Court finalists

October 27, 2010
IL Staff
The Indiana Judicial Nominating Commission has chosen Joby Jerrells, Hendricks Superior Judge Karen Love, and Martha Wentworth as finalists for the Indiana Tax Court.
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Federal courthouse to celebrate new, old murals

October 27, 2010
IL Staff
An event Friday at the Birch Bayh Federal Building and United States Courthouse in Indianapolis will celebrate the recent installation of new murals on the third floor of the building as well as recognize the 75th anniversary of murals on that floor.
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Rewriting the rules on attorney advertising

October 27, 2010
Michael Hoskins
If you practice law in Indiana, new rules are at your doorstep for how to go about attorney advertising in this state.
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Commission on Courts makes recommendations

October 27, 2010
Michael Hoskins
As the interim legislative calendar wound down to make way for the next Indiana General Assembly session, the Commission on Courts has made recommendations on new court requests and discussed issues that impact funding and structure of statewide trial courts.
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Courts consider foreclosure issues

October 27, 2010
Rebecca Berfanger
To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.
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Lawyers in uncharted waters with 358 med-mal claims against former physician

October 27, 2010
Michael Hoskins
If ever there was a line of litigation symbolizing a “cornucopia of legal issues,” then it’s the string of claims against the former Merrillville sinus specialist known as “The Nose Doc.”
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Justice David joins the Indiana Supreme Court

October 27, 2010
Michael Hoskins
One word marked Justice Steven H. David’s beginning on the Indiana Supreme Court: wow.
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Ukrainian lawyers in Indiana

October 27, 2010
Rebecca Berfanger
On their recent visit to Indiana, six delegates from the Ukraine in various legal roles learned how similar and different their legal system is compared to the justice system in the U.S. by visiting and observing it firsthand.
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Judges' right to bear arms (sometimes)

October 27, 2010
Michael Hoskins
The Commission on Courts didn't recommend any state statute changes that would have allowed judges authority to carry weapons in places county ordinances or laws currently prevent.
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Annual event recognizes pro bono efforts

October 27, 2010
IL Staff
Photos from the 2010 Randall T. Shepard Award Dinner.
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COA reverses motion allowing for release of documents

October 26, 2010
Rebecca Berfanger
The Indiana Court of Appeals today reversed an order from Lake Superior Court that granted a motion to compel the production of documents from the appellant-defendant Allstate Insurance Company.
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Supreme Court appoints new justice’s Circuit Court replacement

October 19, 2010
IL Staff
The Indiana Supreme Court has appointed a judge who will fill a vacancy on Boone Circuit Court caused by The Hon. Steven David becoming the newest state justice. The high court appointed attorney J. Jeffrey Edens as judge pro tempore in Boone Circuit Court.
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Judge DeGuilio to be officially sworn in Oct. 29

October 18, 2010
IL Staff
The state’s newest judge in the Northern District of Indiana will be formally sworn in Oct. 29 at the Robert A. Grant Federal Building and Courthouse in South Bend.
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Appellate court travels for arguments

October 18, 2010
IL Staff
As part of its “Appeals on Wheels” initiative, the Indiana Court of Appeals will hit the road this week to hear arguments.
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Teen who jumped from courthouse’s third floor dies

October 15, 2010
Elizabeth Brockett
An Avon teen who jumped from the third floor of the Hendricks County Courthouse Wednesday has died.
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Justices side with casinos' interests on card counters, problem gambling losses

October 13, 2010
Michael Hoskins
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card counters and holding that pathological gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
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Former Justice Theodore R. Boehm joins Indy dispute resolution firm

October 13, 2010
Michael Hoskins
Aside from writing precedent-setting decisions and rules that govern the entire Hoosier legal community, now-retired Indiana Supreme Court Justice Theodore R. Boehm said there’s one significant part of his legacy on the state’s highest court that is mostly overlooked.
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Education conclave focuses on diversity, economy

October 13, 2010
Rebecca Berfanger
When the Indiana State Bar Association gets law students, attorneys, professors, judges, court administrators, deans, and representatives of Indiana’s Judges and Lawyers Assistance Program, Disciplinary Commission, Board of Law Examiners, and the Indiana Bar Foundation are all in the same place for a few hours, some interesting dialogues are bound to take place.
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Judge Pratt makes history

October 13, 2010
IL Staff
Judge Tanya Walton Pratt becomes the first African-American federal jurist in Indiana.
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5 Court of Appeals judges up for retention

October 13, 2010
Michael Hoskins
One third of the Indiana Court of Appeals judges face a retention vote this year. Read the judges’ answers to questions posed by Indiana Lawyer.
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7 semi-finalists still vying for Tax Court

October 13, 2010
Michael Hoskins
Seven attorneys remain in the running to be the next Indiana Tax Court judge, and they return for second interviews before the Indiana Judicial Nominating Commission Oct. 27.
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Discipline case poses questions on recusals, separation of powers

October 13, 2010
Michael Hoskins
Delaware County Prosecutor Mark McKinney should be publicly reprimanded for violating four professional conduct rules in his handling of civil forfeiture matters as a private attorney while simultaneously prosecuting those same criminal defendants, according to a hearing officer the Indiana Supreme Court appointed to examine disciplinary charges against the prosecutor.
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Law school hosts appellate hearings

October 13, 2010
IL Staff
Indiana University Maurer School of Law – Bloomington recently hosted two appellate hearings at the law school’s moot court room.
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Applications for new magistrate accepted

October 13, 2010
Michael Hoskins
The U.S. District Court for the Southern District of Indiana is accepting applications for a new magistrate position recently approved by the Judicial Conference.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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