Courts

Court reprimands attorneys for trade-name use

May 11, 2009
Jennifer Nelson
Three attorneys who practiced separately but advertised as an LLC were publicly reprimand by the Indiana Supreme Court for violating several Indiana Professional Conduct Rules by not letting clients know they didn't practice law as a firm.
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Suspended judge returns to bench

May 11, 2009
IL Staff
Marion Superior Judge Grant Hawkins, who was suspended earlier this year without pay, returned to the bench today.
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Deputy prosecutor fired after arrest

May 8, 2009
Jennifer Nelson
A deputy Madison County Prosecutor has been fired following her arrest for allegedly driving drunk. Deputy Prosecutor Janine L. Sutton was arrested for operating while intoxicated, a Class A misdemeanor.
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Indicted judge to be suspended

May 8, 2009
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed a notice with the Indiana Supreme Court for a request of suspension of LaPorte Superior Judge Jennifer Koethe, who was indicted Thursday for attempted obstruction of justice stemming from a shooting incident at her home in December.
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Justices to address university graduates

May 8, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard and Justice Robert D. Rucker will be commencement speakers at the graduation ceremonies at two Indiana schools.
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Adkins applies to drug possession defense

May 7, 2009
Jennifer Nelson
While the Indiana Court of Appeals unanimously agreed a defendant charged with possessing drugs within 1,000 feet of a school only has the burden of placing the issue of statutory defense in question where the state's evidence hasn't done so, the court split in affirming the defendant's possession conviction.
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Former public defender sentenced

May 7, 2009
Jennifer Nelson
A former Marion County public defender arrested during an undercover child sex sting was sentenced Wednesday for child solicitation, a Class C felony.
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COA split on which statute of limitation applies

May 7, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.
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Supreme Court takes Fireman's Rule case

May 7, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer today to case involving the Indiana Fireman's Rule and whether a policeman's suit against an Indianapolis strip club is barred by the rule.
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CASA, American Legion form partnership

May 7, 2009
Rebecca Berfanger
The CEO of the national organization of Court Appointed Special Advocates met Monday with high ranking members of the American Legion's Child Welfare Foundation in Indianapolis and the foundation's board approved a resolution for a partnership between the two organizations two days later.
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Court grants transfer to clarify appeals by state

May 6, 2009
Jennifer Nelson
The Indiana Supreme Court granted a transfer with opinion to address conflicting rulings regarding the state's ability to challenge the legality of a criminal sentence without first filing a motion to correct erroneous sentence.
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Governor gets judicial merit-selection bill

May 6, 2009
Michael Hoskins
Gov. Mitch Daniels received today legislation that, if signed, would toss out merit selection and retention of St. Joseph Superior judges and also create a new three-judge panel for the Indiana Court of Appeals.
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COA rules on first impression lemon-law issue

May 5, 2009
Jennifer Nelson
The Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem.
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Supreme Court seeks historic law-related photos

May 5, 2009
IL Staff
If you've come across an old photo relating to Indiana's legal profession, the Indiana Supreme Court would like to know.
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Court orders mandate for full parole hearing

May 4, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a prisoner's pro se action for a mandate requiring all five parole board members to vote on his parole eligibility, ruling the prisoner's case was supported by Indiana statute.
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COA to hear arguments in parks ban case

May 4, 2009
IL Staff
The Indiana Court of Appeals will hear arguments Tuesday in a sex-offender park ban case out of southern Indiana.
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Oral findings allowed in attorney fee case

May 4, 2009
Jennifer Nelson
A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.
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Court: 2-member board could affirm ruling

May 1, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a decision by the National Labor Relations Board that a northern Indiana steel company must recognize a collective bargaining agreement between the union and the company.
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Law Day celebrated today

May 1, 2009
Rebecca Berfanger
For the 51st year of the national observance of Law Day, about three dozen Indiana attorneys, judges, and paralegals presented the Indiana Supreme Court's "Why Lincoln was a Lawyer" program to 125 different classes - almost 3,000 students - around the state.
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Reports: Justice to retire; speculation begins

May 1, 2009
Jennifer Nelson
Reports broke late Thursday that a Supreme Court of the United States justice plans to retire from the bench but which justice may surprise some.
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Justices issue sex-offender registration rulings

April 30, 2009
Michael Hoskins
Convicted sex offenders who've already served their sentences can't be forced to register for life by a newly enacted statute, but the Indiana Supreme Court is split on whether that lifetime requirement should be imposed on offenders who are still registering when the law is changed.
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Mom's mental ability not reason for termination

April 30, 2009
Jennifer Nelson
The Indiana Court of Appeals declined to write an opinion barring the state from pursuing termination of parental rights of a "retarded person," as requested by the mother in a termination of parental rights case.
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COA: Man's sentence could be increased

April 30, 2009
Jennifer Nelson
The Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions was applicable to a defendant's sentence.
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Senators treat judge kindly at second hearing

April 30, 2009
Michael Hoskins
Even though Republicans insisted on a rare second judicial nomination hearing for U.S. District Judge David F. Hamilton, it remained unclear Wednesday what need there was for the Indianapolis judge to appear again before the Senate Judiciary Committee in his bid for the 7th Circuit Court of Appeals.
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Governor likely to soon get St. Joe judges bill

April 29, 2009
Michael Hoskins
Gov. Mitch Daniels will likely receive legislation today aimed primarily at scrapping judicial merit selection in St. Joseph County and creating a new Indiana Court of Appeals panel starting 2011.
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  1. 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)

  2. "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.

  3. 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.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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