Government

Citing shutdown, federal court stays many civil cases

October 9, 2013
Dave Stafford
The federal government shutdown has led to a stay of nearly all civil actions in the U.S. courts in Evansville, Indianapolis, New Albany and Terre Haute in which the federal government has an interest.
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New commission on children to webcast meetings

October 9, 2013
IL Staff
Interested parties across Indiana will be able to attend the upcoming meetings of the state’s new child commission via the Internet.
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Legislator says state trying to deny health care insurance to Hoosiers

October 9, 2013
IL Staff
Democratic State Rep. Ed DeLaney has called for the state’s lawsuit against the Affordable Care Act to be thrown out of court “as quickly as humanly possible.”
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Indiana courts grappling with requirement to use psychiatrists in insanity evaluations

October 9, 2013
Marilyn Odendahl
Although members of the Indiana Legislature’s Commission on Courts appeared to be skeptical of a proposal to revise the statute concerning insanity evaluations, their concerns may be trumped by the need to be pragmatic.
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Guardian registry pilot to launch

October 9, 2013
Dave Stafford
Indiana soon could break new ground with the introduction of one of the nation’s first databases of guardians and their wards. The development is raising hopes for improved oversight of vulnerable populations along with concerns about their privacy.
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State, public schools sue federal government over Obamacare

October 8, 2013
IL Staff
Fifteen Indiana school districts and the state of Indiana have filed a lawsuit challenging the federal health care law and subsidies that are available to Hoosiers under rules set by the IRS.
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Trial court's suppression order binding to ethics commission

October 8, 2013
Marilyn Odendahl
After turning to the Indiana State Ethics Commission when a trial court ordered the evidence in a theft case suppressed, the state was reminded it “does not get a second bite at the apple.”   
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Cappas appointed Lake Superior judge

October 4, 2013
IL Staff
Longtime Highland criminal defense attorney Sam Cappas has been appointed judge in the Lake Superior Criminal Division.
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Legislature’s criminal law and courts committees continue interim studies

October 2, 2013
IL Staff
Indiana legislative study committees examining the criminal code and courts will hold separate hearings on Oct. 8 at the Indiana Statehouse.
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No immediate impact on courts if government shuts down

September 30, 2013
IL Staff
The federal judicial system will conduct business as usual, even if Congress fails to reach a funding agreement before midnight tonight.
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Zoeller joins multi-state call for e-cigarette regulation

September 26, 2013
IL Staff
The Food and Drug Administration should restrict the sale and marketing of increasingly popular e-cigarettes, particularly to minors, Indiana Attorney General Greg Zoeller advocates in joining a letter signed by AGs from 36 other states and three U.S. territories.
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Are law offices gender neutral?

September 25, 2013
Holly Wheeler
Equal work deserves equal pay. That was the mantra of those lobbying for the Equal Pay Act in 1963. President John F. Kennedy signed the bill into law, giving everyone, regardless of race or sex, the right to be paid equally for the same job.
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Biofuels fraud cheated victims of $100M, feds say

September 18, 2013
Dan Human, IBJ Staff

Federal prosecutors announced charges Wednesday connected to a Henry County biofuel refinery as part of a massive tax and securities fraud investigation, saying the operation cheated victims out of more than $100 million.

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Commemorating Constitution Day? There’s an app for that

September 17, 2013
Marilyn Odendahl
Just in time for Constitution Day, there is now an app for constitutional case law.
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JTAC oversight committee sets initial meeting

September 13, 2013
Dave Stafford
The first meeting of the committee created by the Legislature to oversee the Indiana Supreme Court’s technology initiatives – chief among them continued implementation of the Odyssey case management system – will take place Tuesday morning.
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Attorney general files right-to-work appeal with Indiana Supreme Court

September 12, 2013
IL Staff
The Indiana attorney general filed notice Sept. 12 that he is asking the state’s highest court to find Indiana’s right-to-work law constitutional.
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Judges key ambassadors for marking Constitution Day this month

September 11, 2013
Dave Stafford
Rites celebrating our rights will take place across Indiana on Sept. 17, the 10th official observation of Constitution Day.
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South Bend mayor: City leads ‘open-data’ effort

September 4, 2013
Dave Stafford
South Bend Mayor Pete Buttigieg said there were plenty of reasons the city decided to embrace an open-data policy, putting as many public records as possible online with a pioneering city website, Open Data South Bend.
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Ethanol plant emissions suit may be bound for Indiana Supreme Court

August 28, 2013
Dave Stafford
Indiana’s ethanol industry faces an uncertain regulatory environment and likely more stringent emissions standards after a recent Indiana Court of Appeals ruling. A state agency will ask the Indiana Supreme Court to hear the case, as several corn-to-fuel plant operators also are expected to do.
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Farm smells ignite debate but no consensus reached

August 28, 2013
Marilyn Odendahl
Before dinner can be prepared and served at the table, the food has to be raised on a farm. However, Old MacDonald’s Farm with its placid scenes of pigs and cows is a shrinking segment of American farming, being replaced with large industrial agricultural operations with hundreds and thousands of animals.
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Will Indiana's economy cool due to rising energy costs?

August 28, 2013
Bose McKinney & Evans attorney Nikki Shoultz discusses the relationship of the economy on rising energy costs.
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Moratorium on administrative rules leads to uncertainty

August 28, 2013
Plews Shadley Racher & Braun attorney Amy Romig discusses the impact of a recent executive order which placed a moratorium on new administrative rules by state agencies.
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Gov. Pence turns to legal community for board appointments

August 23, 2013
IL Staff
A litigation attorney for the Indiana Department of Child Services, Luke Britt, has been appointed as the Indiana Public Access Counselor.
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Mother may petition for college expenses for emancipated children

August 22, 2013
Marilyn Odendahl
Two amendments made by the Indiana General Assembly to the termination of child support and emancipation statute allow for a mother’s college support petition for two emancipated children to stand.
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Open Door violation not worth $8K, COA rules

August 22, 2013
Marilyn Odendahl
A group of petitioners who prevailed on an Indiana Open Door Law violation will get reimbursed for attorney fees, but the amount will be reduced by nearly $5,000 after a trial court found the group was requesting money for work unrelated to the claim.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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