Indiana State Bar Association

Lawyers question enforcement of advertising rules

May 21, 2014
Dave Stafford
One of Indiana’s most familiar legal names – a frequent flier on buses, billboards and TV commercials – says enforcement of disciplinary rules governing attorney advertising is a mess and needs an overhaul. The Indiana State Bar Association is considering preapproving ads.
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Establishing Miller Trusts

May 21, 2014
Marilyn Odendahl
Attorneys offer their pro bono services to help nursing home residents keep their Medicaid benefits.
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Law firms fight ‘onerous’ proposed tax change

April 9, 2014
Dave Stafford
Lawyers representing Indiana’s legal profession are heading to Washington, D.C., with a message for their congressional delegations – kill a proposal that would change the way many law firms report income-tax obligations.
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Deadline to comment on pro bono reporting requirement nears

March 7, 2014
IL Staff
Indiana attorneys who wish to share comments about required pro bono reporting have until April 1 to provide their views.
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Attorneys statewide mark MLK Day holiday by offering free legal help

January 29, 2014
Dave Stafford
Hundreds of Hoosiers received free legal help in January thanks to efforts of local and state bar groups that marked the Martin Luther King Jr. holiday by providing free legal assistance.
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Lawyers participate in ‘Talk to a Lawyer Today’ program

January 20, 2014
IL Staff
Indiana attorneys across the state are using Monday as a way to pay tribute to Martin Luther King Jr. by providing free legal advice to the general public.
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Indiana Lawyer 2013 Year in Review

January 1, 2014
IL Staff
From big judgments to busy law schools and attorneys in trouble, the Indiana legal community saw it all in 2013. We asked you what you thought were the biggest news stories last year. Here's a recap of what made headlines, with your Top 2 picks kicking off the list.
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INBOX: State bar needs to speak up on marriage equality

December 4, 2013
Shawn Marie Boyne writes that the Indiana State Bar Association needs to speak up in defense of marriage equality like the American Bar Association has.
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Living Fit: ISBA ‘buddies’ with attorneys to stay fit during the holidays

November 20, 2013
Sharon McGoff
This year, do something different! Your Indiana State Bar Association has launched the Maintain No Gain Buddy Campaign. This is your chance to stay healthy during the holidays, maintain your current weight, receive daily health tweets from me to keep you going, and win a Fitbit Pedometer.
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Limited licensing programs gain traction in the legal community

November 6, 2013
Marilyn Odendahl
The idea of non-lawyers practicing law sparks howls of protest from attorneys but with a handful of state seriously considering the proposition and a national committee recommending the concept, the push toward limited licenses is gaining momentum.
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State bar approves pro bono reporting requirement

October 23, 2013
Dave Stafford
Proponents say the change will encourage volunteerism to meet legal needs of those who cannot afford attorneys.
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Bar Crawl - 10/23/13

October 23, 2013
IL Staff
Read about the latest news from bar associations around the state.
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State bar advances pro bono reporting requirement

October 18, 2013
Dave Stafford
Attorneys soon will be required to report the number of pro bono hours of service they provide on an annual basis under a proposal adopted Friday by the Indiana State Bar Association.
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Incoming ISBA president sets communication at top of agenda

October 9, 2013
Marilyn Odendahl
Jim Dimos, partner at Frost Brown Todd LLC and the next president of the Indiana State Bar Association, wants to lead by listening and engaging bar association members and non-members from around the state to not only tell them what the organization offers but also to hear what more the association can do.
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ISBA's Mentor Match pairs experienced lawyers with law grads to facilitate transition into practice

October 9, 2013
Holly Wheeler
Passing the bar. The term, for most, refers to passing a test, but the word “bar” has a number of legal meanings. Its origin, for example, referred to an actual bar or partition that separated the working and public areas of a courtroom. For those studying law, passing the bar exam is the only way to jump that bar, the only way to gain admittance to that most sacred of legal territories. Yet many new lawyers find that admittance and belonging are two different things. Armed with law degrees and a license to practice, they really need help with the “how to” part of being a lawyer.
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ISBA outstanding achievements recognized

October 9, 2013
At the Indiana State Bar Association’s Awards Luncheon, the ISBA recognizes individuals for their tireless efforts and outstanding achievements. See who was honored this year.
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Day of Service taps into attorneys’ non-legal skills

September 11, 2013
Marilyn Odendahl
New ISBA program is designed to become an annual event involving attorneys across the state volunteering in their communities.
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ISBA to testify about juvenile paternity before legislative commission

September 5, 2013
IL Staff
The Indiana State Bar Association is scheduled to testify during the next meeting of Indiana General Assembly’s Commission on Courts Sept. 12.
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Bar Crawl - 7/3/13

July 3, 2013
IL Staff
Read news from the state's bar associations.
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Proposed changes to the Indiana Bar Exam are sparking debate

June 19, 2013
Marilyn Odendahl
The last time Indiana altered its bar exam was more than 10 years ago when the test switched from all essay to a combination of essay and multiple choice questions.
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Bar associations seek nominations for various awards

June 12, 2013
IL Staff
Several bar associations around the state are accepting nominations for awards to present to members at upcoming annual meetings.
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Bar Crawl - 5/22/13

May 22, 2013
IL Staff
Read news from the Indiana Bar Foundation and the Indiana State Bar Association.
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State bar seeking delegate to serve in ABA House

April 23, 2013
IL Staff
The Indiana State Bar Association is seeking a candidate to fill a two-year position to the American Bar Association House of Delegates.
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ISBA enlists lawyers to help soldiers deploying overseas

April 10, 2013
IL Staff
A group of attorneys gave up their weekend to help Hoosier soldiers preparing for deployment.
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Bar Crawl - 3/27/13

March 27, 2013
The Indiana State Bar Association Young Lawyers Section teamed up with the Indianapolis Bar Association Young Lawyers Division recently to help brighten the Easter Seals Crossroads headquarters in Indianapolis.
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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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