Indiana General Assembly

Justice: Fee hike could mean statewide case management system by 2017

August 26, 2010
Michael Hoskins
If lawmakers during the next legislative session increase a statewide court fee an extra $3, Indiana Supreme Court Justice Frank Sullivan believes the state can fully implement a case management system in all county courts by June 30, 2017.
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Terre Haute attorney dies

July 21, 2010
Jennifer Nelson
A Terre Haute attorney and former member of the Indiana House of Representatives died Monday.
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No issue with all legislative logrolling

July 21, 2010
Michael Hoskins
The Indiana Supreme Court offered some clues recently about why it’s ignored repeated attempts to address the issue of legislative logrolling, where multiple unrelated changes are stuffed into one massive bill that becomes law.
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AG says schools can't charge bus fee

July 13, 2010
IL Staff
The Indiana Attorney General says it’s unconstitutional to charge public school students to ride the bus.
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Could Indiana adopt a law like Arizona's?Restricted Content

July 7, 2010
Rebecca Berfanger
Immigration attorneys and victims advocates are reading up on the Arizona illegal immigrant law and bracing themselves for what a similar bill in Indiana could mean for their clients.
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Water company not a political subdivision

June 29, 2010
Jennifer Nelson
The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana Court of Appeals concluded today.
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Partnership targets Indiana's corrections system

June 28, 2010
Elizabeth Brockett
To address Indiana’s growing prison population and increasing related costs, the state is partnering with The Pew Center on the States and the Council of State Governments Justice Center for the first comprehensive review of the state’s criminal code and sentencing policies since 1976.
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Indiana juvenile justice bill first in nationRestricted Content

March 31, 2010
Rebecca Berfanger
In what started at a summit hosted by the Indiana State Bar Association in August, House Enrolled Act 1193, which authorizes a work study commission to consider various juvenile justice issues in Indiana, was signed by the governor March 17.
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Governor signs last of legislation

March 26, 2010
IL Staff
The 2010 session of the Indiana General Assembly wrapped up Thursday with Gov. Mitch Daniels signing the remaining legislation pending before him.
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Magistrate, attorney general bills become law

March 19, 2010
Jennifer NelsonMore

Legislature's final days bring up merit selection, out-of-state placement issuesRestricted Content

March 17, 2010
Michael Hoskins
Hoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of the session, reviving talk on two issues that have significant impact on the state's judiciary and legal system.
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Agencies examine UPLRestricted Content

March 17, 2010
Michael Hoskins
Long before he became Greenwood's police chief, attorney Joe Pitcher recalls sitting as a special judge in town court and facing an Unauthorized Practice of Law case that may be one of few like it in Indiana.
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Legislature's end suspenseful for legal community

March 15, 2010
Michael Hoskins
As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.
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Legislators revisit vetoed merit-selection measure

March 12, 2010
Michael Hoskins
In the final days of the Indiana General Assembly session, as lawmakers pushed to finish and put final touches on the end-of-term business, a 2009 measure that divided the Hoosier legal community came back into play.
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Lawmakers miss self-imposed deadline

March 12, 2010
Jennifer Nelson
The Indiana General Assembly tried to end the session more than a week before the constitutional March 14 deadline, but impasses on school funding and unemployment insurance caused the legislators to miss their March 4 self-imposed deadline.
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Lawmakers mull veto override on merit selection

March 11, 2010
Michael Hoskins
Vetoed legislation that would scrap St. Joseph County's merit selection for judicial elections and also add a new three-judge panel to the Indiana Court of Appeals is back in play.
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Houses active as session nears end

March 5, 2010
IL Staff
As this year's legislative session winds down, several bills of interest to the legal community have made it through both houses, but many remained stuck in conference committee Thursday.
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Legislature, courts navigate uncertainty about registry lawsRestricted Content

March 3, 2010
Michael Hoskins
Hoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year, which involves how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required at the time of their conviction.
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House OKs child support-casino billRestricted Content

March 3, 2010
Michael Hoskins
Lawmakers have passed a bill that allows the Indiana Department of Child Services to more efficiently collect delinquent child support, including a gaming intercept requiring casinos to check whether gamers are on a state delinquency list before releasing large jackpots to them.
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Lawmakers move court-funding billsRestricted Content

March 3, 2010
In the last days of the legislative session, lawmakers addressed funding proposals in HB 1154 on converting Marion County commissioners into magistrates and using a $35 fee on traffic infractions to pay for this; SB 307 that would allow a $50 fee on Bartholomew County traffic infractions to pay for a new Superior Court there; and SB 399 on capping traffic violation fines statewide.
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Session nears end, may finish early

February 26, 2010
IL Staff
This session of the Indiana General Assembly is scheduled to end March 14, but legislators are working to try to finish the session early. It's not known for certain when the House and Senate will wrap up, but both sides have the goal to possibly end by March 7, one week before the constitutionally scheduled deadline.
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Lawmakers revising sex-offender registry rules

February 26, 2010
Michael Hoskins
Hoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year relating to how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required at the time of their conviction.
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COA: inequity in grandparent visitation act

February 25, 2010
Jennifer Nelson
The Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships between the parties in an adoption petition.
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Lawmakers criticize traffic court fines

February 19, 2010
Michael Hoskins
A legislative committee this week unanimously approved a bill that would cap the fines a court could assess for traffic violations.
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Committees wrapping up business

February 19, 2010
Michael Hoskins
With legislative deadlines fast approaching for the Indiana General Assembly, lawmakers have reached crunch time in moving legislation through for consideration before the short session comes to a close.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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