Government

Zoeller details casino millions funneled to E. Chicago pols

October 22, 2014
Dave Stafford
A former Indiana Democratic Party chairman and a longtime Lake County political activist enriched themselves with millions of dollars in casino revenue, Indiana Attorney General Greg Zoeller announced Wednesday, closing the book on long-running litigation that resulted in a $154,042 settlement payment to the city of East Chicago.
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Indiana responds to convicted ex-officer's appeal

October 22, 2014
 Associated Press
Indiana has responded to a former Indianapolis police officer's appeal of his convictions in a fatal drunken driving crash.
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SCOTUS denial of cases opens door to new same-sex-couple issues

October 22, 2014
Marilyn Odendahl
Now that same-sex marriage is legal in Indiana, the courts will have to settle issues and questions that will arise in other areas, such as family law.
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Attorneys debate impact of reality crime TV shows on the judicial process

October 22, 2014
Marilyn Odendahl
The reality television show “Cold Justice” linked Earl Taylor to the 1975 murder of his first wife, Kathy Taylor. Dennis Majewski, Earl Taylor's attorney, said the TV program carried by the TNT cable network, and a follow-up newspaper article that told viewers the episode was available on YouTube, led him to doubt he could find an untainted jury in Vigo County.
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Lawmakers in no rush to fix Marion County’s judicial selection process

October 22, 2014
Dave Stafford
Marion County’s unique power-sharing judicial-election system won’t be fixed anytime soon, even though a federal judge has ruled the four-decade-old system is unconstitutional.
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When municipal growth clashes with property owners, the result is annexation headaches

October 22, 2014
Marilyn Odendahl
A 644-acre swath of rural Hancock County land is at the heart of a contentious annexation battle that illustrates what municipalities say is the need to get control of property before development happens. The case also brings to light what may be a shift in the judiciary’s attitude toward remonstrators.
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Public-private partnerships’ popularity peaking

October 22, 2014
Dave Stafford
In an era of tight lending for construction, public-private partnerships are a solution to get desired projects funded and under way. Attorneys who represent parties in such deals say nuanced negotiations hold the key for deals with a shared vision but sometimes competing interests.
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Judges participate in public forum asking ‘Is Indianapolis the next Ferguson?’

October 21, 2014
Marilyn Odendahl
A public forum in Indianapolis between law enforcement and the community meant to discuss ways the Circle City could avoid exploding like Ferguson, Missouri, instead highlighted the distrust local residents have of police officers.
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St. Joseph County gets $399,000 grant to fight elder abuse

October 21, 2014
IL Staff
St. Joseph County will receive a $399,000 Department of Justice grant for training and services designed to combat violence against elderly and vulnerable populations.
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Pain clinic head faces prescription investigation

October 21, 2014
 Associated Press
State officials want the medical license suspended for a doctor who runs a string of Indiana clinics over his prescribing of pain medications.
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Indiana panel not making ethics suggestions

October 21, 2014
 Associated Press
A state legislative panel isn't making any recommendations on ethics rule changes that the General Assembly is expected to consider during its upcoming session.
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Finding victims in Gary case a lengthy process

October 21, 2014
 Associated Press
Investigators in two states are reviewing unsolved murders and missing person reports after the arrest of an Indiana man who police say confessed to killing seven women and hinted at more victims over a 20-year span.
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Attorneys general target Internet trafficking

October 21, 2014
 Associated Press
Two years after a federal judge struck down a Washington law that targeted websites like Backpage.com, new state and federal efforts are again calling for more oversight of sites that offer "adult services," in the hopes of curbing sex trafficking.
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NDLS loan repayment program growing in dollars and applications

October 20, 2014
Marilyn Odendahl
Notre Dame Law School’s program to assist its graduates who pursue careers in the public service sector has reached the $1 million milestone.
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Drug abuse symposium attracts 800

October 17, 2014
IL Staff
About 800 Indiana health professional, lawmakers, law-enforcement officials and others gathered in Indianapolis Friday for the beginning of a two-day symposium focused on combating prescription drug abuse.
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Marion County justice center deal tests transparency laws

October 17, 2014
Kathleen McLaughlin, IBJ Staff
Three teams competing to partner with Indianapolis on a half-billion-dollar criminal justice complex shaped the city’s specifications in closed-door meetings.
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US to recognize same-sex marriages in Indiana, 6 other states

October 17, 2014
The federal government will recognize same-sex marriages in seven more states and extend federal benefits to those couples, the Justice Department said Friday.
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BMV lawyers defend embattled state agency

October 17, 2014
 Associated Press
Lawyers for the embattled Bureau of Motor Vehicles are speaking out this week in the ongoing legal battles over overcharges by the state agency.
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Justices uphold fired DWD employee’s ban from executive branch employment

October 16, 2014
Jennifer Nelson
A fired Indiana Department of Workforce Development employee who argued that she shouldn’t be sanctioned and barred from future executive branch employment because of her misuse of state property lost her appeal before the Indiana Supreme Court Thursday.
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Domestic violence shelters get $1.2M more, but extra funds held back

October 16, 2014
Dave Stafford
Four dozen shelters around the state will receive an additional $1.2 million to provide immediate assistance and short-term support for victims of domestic violence, a roughly 43 percent increase compared with state funding allocated last year.
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Some Indiana gay marriages could be invalid

October 15, 2014
 Associated Press
The Indiana attorney general's office says same-sex couples who married in the two days after the state's gay marriage ban was first struck down in June should confirm their marriages were properly recorded.
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Judiciary interim study committee to vote on magistrates

October 14, 2014
IL Staff
The Interim Study Committee on Courts and the Judiciary is expected to vote Thursday on endorsing magistrate judge requests from seven Indiana counties.
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House GOP plans changes in school funding, ethics

October 14, 2014
 Associated Press
House Republicans plan to spend the 2015 session seeking changes in how the state funds its schools and rewriting their own ethics rules.
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Indiana cuts some public audits over shortages

October 13, 2014
 Associated Press
The State Board of Accounts no longer is auditing the financial records of Indiana libraries, conservancy districts, some public school accounts, and small towns and townships, its leader says.
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Dropped gun charges spark call for legislation

October 13, 2014
 Associated Press
A former Marion County prosecutor is calling for legislation to remove the incentives for prosecutors to bargain away gun charges as the Indianapolis homicide rate continues to spiral.
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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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