Editorial

Indiana Lawyer announces Leadership in Law honorees

April 25, 2012
Kelly Lucas
The nominations received tell the story of impressive court victories and decisions that have had an impact on Indiana law. But even more telling is the passion that comes through in many of the nomination packets and letters of recommendation from colleagues, peers and even adversaries who say they are better lawyers for having worked with the individual nominated.
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Lucas: Maintaining your Thanksgiving state of mind

November 23, 2011
Kelly Lucas
IL Editor Kelly Lucas writes about keeping a focus on issues of importance and that maintain sense of gratitude.
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Lucas: State bar emphasizes attorney wellness in 2012

November 9, 2011
Kelly Lucas
Editor Kelly Lucas writes about the Indiana State Bar Association's emphasis on attorney fitness and wellness.
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IL Editorial: The cynic asks: yVote! or why vote?

August 31, 2011
Editorial Indiana Lawyer
Marion County Clerk Beth White has started her yVote! program, which we believe to be a wonderful undertaking. She travels to any Marion County high school that will have her in to teach civics.
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Barnes used as excuse to challenge merit selection

June 22, 2011
Editorial Indiana Lawyer
We surmised it would only be a matter of time before the clamor began, but we were a little taken aback at how few days passed after the Indiana Supreme Court decision in Barnes v. State was issued before a legislator told us he would put together a proposal to change the merit selection process that’s been in place for our appellate courts for nearly 40 years.
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Editorial: Threats are inappropriate way to voice an opinion

May 25, 2011
Editorial Indiana Lawyer
What we want to address here is the troubling descent into madness that has appeared alongside the reasonable discourse on the subject of the recent Indiana Supreme Court decision Barnes v. State .
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Editorial: Lake Co. merit selection is back on the table

April 27, 2011
Editorial Indiana Lawyer
It’s at the end of House Bill 1266, and we have no idea whether the legislation has a chance at passage by the April 29 session deadline, but we had to go back and read it twice before we believed what we were seeing.
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Editorial: More of the same?

April 13, 2011
Editorial Indiana Lawyer
They’re back, and like most citizens who watch with interest the goings on in the Indiana General Assembly, we’re not sure it’s altogether a good thing.
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Editorial: In this war of words, will anyone win?

March 30, 2011
Editorial Indiana Lawyer
At more than 30 days and counting, at least at Indiana Lawyer deadline, we’re not sure what will cause the Democrats elected to the Indiana House of Representatives to return to their posts at the Statehouse.
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Editorial - SB 590: An Arizona-style invitation for litigation

March 16, 2011
The past weeks have brought heated debate about immigration policy to our state. The Indiana General Assembly is currently considering various anti-immigrant bills. Among them is Senate Bill 590, modeled after Arizona’s immigration law. Currently being challenged in Federal District Court on constitutional grounds, Arizona’s law has invited much criticism and proved costly to the state’s economy. Indiana should not be next in line.
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Editorial: Stalemate leaves constituents without a voice

March 2, 2011
Editorial Indiana Lawyer
There’s a lot of shouting and political posturing going on, but we’re not at all certain there’s much in the way of listening and compromising taking place.
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Editorial: All who serve as judges should be lawyers

February 16, 2011
Judges Mark Stoner and Terry Shewmaker explain why a proposed bill would protect Hoosiers' rights by making sure that law-trained judges preside over all cases in Indiana.
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Editorial: Home is where the heart is for Mr. Copsey

February 2, 2011
Editorial Indiana Lawyer
We often think of law enforcement officers and firefighters as first-responder types who venture into situations where others are reluctant to go. We’d like to expand the definition of first responder a bit, and bring your attention to an Indianapolis lawyer who after retiring from his day job years ago decided he wasn’t quite done practicing law.
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Editorial: Subpoenas for advocates raise concerns

January 19, 2011
Editorial Indiana Lawyer
In our culture, someone accused of a crime gets a vigorous defense to make certain all of the accused person’s constitutional rights are protected. This is as it should be. Those faced with the loss of their liberty or life deserve no less than the best defense that can be put forth.
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Editorial: Election Day 2010 provides cause for concern

December 8, 2010
Editorial Indiana Lawyer
Here's to hoping reason and sanity will prevail, but we're not holding our breath.
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Editorial: Human trafficking is local issue

November 10, 2010
Editorial Indiana Lawyer
It’s a silent and devastating problem going on right under our noses, and it’s going to take courage and a willingness to ask invasive and uncomfortable questions to stop it.
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Editorial: Ted Boehm not headed toward retirement

October 27, 2010
Editorial Indiana Lawyer
This was one retirement ceremony we were not looking forward to attending, fearing that the gentleman stepping away from the bench would slip away from public life and live quietly with his family, indulging his interests outside the law, while working as a mediator at Van Winkle Baten Rimstidt and senior judging for the Indiana Court of Appeals.
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Editorial: New justice brings much to appreciate

September 29, 2010
Editorial Indiana Lawyer
The state still needs to address the elephant in the room.
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Editorial: Maybe there's a reason she doesn't just leave

September 15, 2010
Editorial Indiana Lawyer
Why doesn’t she just leave?
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Editorial: Preservation of judicial impartiality a win

September 1, 2010
Editorial Indiana Lawyer
Here at the newspaper, we don’t like to see anything put the brakes on the sharing of opinions.
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Editorial: Nature of work requires adequate safety plan

August 18, 2010
IL Staff
A few days after then-U.S. District Court Judge David Hamilton ruled in late 2005 in Anthony Hinrichs, et al. v. Brian Bosma, et al., that sectarian prayer could not be used to open legislative sessions, we received a phone call from someone who wanted the judge’s e-mail address and contact information. We declined to give that information.
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Editorial: Remove obstacles that discourage voters

August 4, 2010
Editorial Indiana Lawyer
Casting a ballot in an election ought to be a simple thing for a citizen to do. But there are those who would make it as difficult as possible for some to exercise their franchise.
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Editorial: Concerns about budget cuts warranted

July 21, 2010
Editorial Indiana Lawyer
We believe the state of Indiana has hit bone with a budget cut instituted earlier this month.
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Editorial: Next choice for Indiana Supreme Court must be a woman

July 7, 2010
Editorial Indiana Lawyer
The future is now for the high court.
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Editorial: New judges add more than needed diversity

June 23, 2010
Rebecca Collier
Those of us on staff here at the newspaper that grew up in Indiana and were of a certain age to pay attention to the news can likely recall when Judge Sarah Evans Barker was confirmed to the U.S. District Court for the Southern District of Indiana.
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. 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.

  4. 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.

  5. 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)

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