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7 semi-finalists still vying for Tax Court

October 13, 2010
Michael Hoskins
Seven attorneys remain in the running to be the next Indiana Tax Court judge, and they return for second interviews before the Indiana Judicial Nominating Commission Oct. 27.
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Anti-piracy legislation tackles IP enforcement

October 13, 2010
Michael Hoskins
The notion of pirates pillaging treasures and bartering it on the high seas isn’t that far fetched for Indianapolis intellectual property attorney Jonathan Polak.
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Discipline case poses questions on recusals, separation of powers

October 13, 2010
Michael Hoskins
Delaware County Prosecutor Mark McKinney should be publicly reprimanded for violating four professional conduct rules in his handling of civil forfeiture matters as a private attorney while simultaneously prosecuting those same criminal defendants, according to a hearing officer the Indiana Supreme Court appointed to examine disciplinary charges against the prosecutor.
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Boone Circuit Judge Steven David to succeed retiring Justice Theodore R. Boehm

September 29, 2010
Michael Hoskins
Judge Steven H. David said he would have been content staying in his job as Boone Circuit judge for the rest of his legal career. But he took a chance, overcoming an initial doubt that he should apply for an Indiana Supreme Court opening and ultimately rising to the top of 34 attorneys and judges to become the state’s 106th justice.
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5 vie for spot on judicial commissions

September 29, 2010
Michael Hoskins
Openings on the Indiana Supreme Court and state Tax Court in recent months have put more focus on the selection process and what goes into choosing appellate jurists, leading to increased interest from the legal community about who has a voice in deciding nomination and other judicial qualifications issues.
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Juvenile reform continues after '09 summit

September 29, 2010
Rebecca Berfanger
No follow-through. That was a complaint voiced by attendees of last year’s summit to discuss juvenile justice matters in Indiana about many similar conferences they’d attended before: there was no follow-through.
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Quality of Life: Making significant life changes with purposeRestricted Content

September 29, 2010
Jonna Kane MacDougall
If you have ever considered making a major life change, you know that it isn’t easy.
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Discrimination cases rising

September 29, 2010
Rebecca Berfanger
As people lose their jobs in a rough economy, it’s obvious that unemployment claims go up – and stay up – as it is more difficult to find new work.
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Federal Bar Update: Client representative at settlement conferences

September 29, 2010
John Maley
In the Southern District of Indiana, settlement conferences are routinely held in most civil cases before the assigned magistrate judge.
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Candidacy issues in Allen, Lake counties

September 15, 2010
Michael Hoskins
During an afternoon of heated debate about election law, a state commission kept a controversial incumbent judge on Allen County’s ballot despite arguments he should be disqualified while it essentially pulled another judicial candidate off the Lake County ballot in a challenge involving how the political process put him into the race.
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National event in Indiana can help lawyers, judges, law students

September 15, 2010
Rebecca Berfanger
Issues that affect every member of the legal community’s mental health and wellness, whether through a personal experience or that of a colleague, will be the focus of a conference in Indianapolis next month.
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Services, attitudes change toward domestic violenceRestricted Content

September 15, 2010
Rebecca Berfanger
When shelters started popping up in Indiana and around the country a little more than three decades ago, women who were victims of domestic violence had limited options.
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New approach to foreclosure prevention successful

September 15, 2010
Rebecca Berfanger
Courts around the state have experienced more success with a new approach to settlement conferences utilizing facilitators – who interact directly with borrowers and lenders – than past attempts to find alternatives to foreclosures.
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Judges not required to report recusals, reasons for stepping asideRestricted Content

September 15, 2010
Michael Hoskins
Judicial recusals are a serious topic, but Indiana law professor Charles Geyh can’t help but wonder how much lawyers and the public really know about requests and reasons for judges to step away from a case.
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Supreme Court preps for lineup changeRestricted Content

September 15, 2010
Michael Hoskins
The Indiana Supreme Court will soon see its first lineup change in more than a decade, and as that turnover approaches, the state’s highest appellate court is mostly conducting business as usual.
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Former ISBA president Rabb Emison dies

September 15, 2010
Michael Hoskins
Even after longtime attorney Ewing Rabb Emison Jr. had finished his service as a pivotal president of the Indiana State Bar Association more than two decades ago, his legacy has inspired generations of attorneys and will continue to do so in the future.
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Wind energizing state

September 15, 2010
Rebecca Berfanger
Taking a drive on Interstate 65 just north of Lafayette, it’s hard to miss the many wind turbines along the highway. As wind power continues to gain momentum in Indiana, and as more counties change their zoning ordinances to include wind turbines, this will likely be a sight in more counties, especially in the northern part of the state.
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Lawyer-legislator's attacker on trial

September 15, 2010
Michael Hoskins
The man accused of attacking a lawyer-legislator last year because of a 23-year-old legal dispute is on trial in Hamilton Superior Court, facing multiple felony charges and potentially 100 years or more in prison.
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Indianapolis IP attorney killed by husband after filing for divorce

September 1, 2010
Michael Hoskins
Practicing law was never an obligation for Indianapolis attorney Mary Jane Frisby but a chance for her to say, “Wow, look what we get to do.”
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Guardians program fulfills needRestricted Content

September 1, 2010
Rebecca Berfanger
To help address the need for guardians for patients of a northwest Indiana hospital, Lake County Judge Diane Kavadias-Schneider – with others in the court and with permission from Indiana Chief Justice Randall T. Shepard – worked on a guardianship program that involved temporary volunteer guardians.
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Adult guardianship programs continue to operate with little fundingRestricted Content

September 1, 2010
Rebecca Berfanger
Courts around Indiana have started their own guardianship programs based on the Lake County model program in Allen, Elkhart, Lawrence, St. Joseph, Tippecanoe, and Vanderburgh counties.
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Indianapolis attorney chosen as magistrate judge

September 1, 2010
Michael Hoskins
A partner at Indianapolis law firm Barnes & Thornburg has been chosen as the newest federal magistrate judge for the U.S. District Court for the Southern District of Indiana.
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Appeals court hears back-pay arguments

September 1, 2010
Michael Hoskins
Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.
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Book recounts '08 presidential race

September 1, 2010
IL Staff
An Indiana lawyer intimately involved in Barack Obama’s presidential run has written a book about the campaign and how the consistently Republican state went Democrat for the first time since 1964.
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Indiana Judges Association: Plain English? Revisions plain common senseRestricted Content

September 1, 2010
David Dreyer
“The Indiana Model Civil Jury Instructions, written in plain English, are now available. … The new instructions were prepared by the Civil Instructions Committee of the Indiana Judges Association.”
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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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