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Disciplinary Actions - 6/9

June 9, 2010
IL Staff
Indiana Supreme Court Disciplinary Commission actions from the June 9 Indiana Lawyer.
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Senate votes on federal magistrate's nomination

June 9, 2010
Michael HoskinsMore

Justices order new trial based on traffic judge's conduct

June 9, 2010
Michael Hoskins
The Indiana Supreme Court has set the stage for a judicial disciplinary action against a Marion County Traffic Court judge for his courtroom conduct on a speeding and suspended license case last year.
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Indiana law schools mark graduations

June 9, 2010
IL Staff
All four Indiana law schools had commencement ceremonies in May recognizing more than 800 graduates around the state.
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Editorial: Hunt for victims' rights

May 26, 2010
Editorial Indiana Lawyer

Here at the newspaper, we’re big fans of the First Amendment to the United States Constitution. But we understand the need for and exuberance some individuals feel for the Second Amendment: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

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Debate swirls around citations, use of the NFPRestricted Content

May 26, 2010
Michael Hoskins
Envision a world in which lawyers successfully defended a client on what all parties thought was a significant legal issue, but future attorneys couldn't use that case result to help persuade judges in their litigation.
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Indiana Scouts proud of their ownRestricted Content

May 26, 2010
Michael Hoskins
A small paperweight sits on attorney Terry White’s desk in Evansville, reminding him of an organization and motto that’s been a central part of his life since childhood. No matter the issue he faces in the legal world or in his personal life, he knows that he can always find guidance in the phrase close to his heart.
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Racing for legal aid

May 26, 2010
IL Staff
Racers raise money for Legal Aid Centre of Eldoret.
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International jurist visits Indiana

May 26, 2010
IL Staff
The president of the United Nations International Criminal Tribunal for the former Yugoslavia in The Hague was recently honored in Indiana.
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Attorneys say ruling confuses discovery regarding expert materialsRestricted Content

May 26, 2010
Michael Hoskins
A liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own metaphorical explosion of discovery disputes.
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Students benefit from internship experiencesRestricted Content

May 26, 2010
Rebecca Berfanger
Sometimes a seemingly small gesture can turn into something bigger. Or at least that’s the thinking with various so-called pipeline programs aimed at high school and college students with a goal of increasing diversity in the legal field.
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ICLEO initiative gets national attention from rising fellowsRestricted Content

May 26, 2010
Michael Hoskins
When he was named to the Madison Circuit bench late last year, Judge Rudolph “Rudy” Pyle III made history in that he became not only the county’s first African-American jurist but also the first Indiana Conference for Legal Education Opportunities graduate to be elevated to the state’s judiciary at that level.
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Predicting IOLTA fund revenuesRestricted Content

May 26, 2010
Rebecca Berfanger
All that is known about funding for Indiana’s 14 pro bono districts is that no one yet knows exactly how much the districts will receive in October for their 2011 budgets.
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Uninsured motorist coverage claim

May 26, 2010
Michael Dec Jr. and Pamela M. Dec v. Encompass Insurance
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Fees updated for appellate courts

May 12, 2010
IL Staff
The Indiana Supreme Court published an order April 26 on the fees the state's appellate courts clerk can charge for miscellaneous services.
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DOC to use DNA to fight contraband

May 12, 2010
IL Staff
The Indiana Department of Correction will use technology to analyze DNA samples from prison contraband, thanks to a pilot project believed to be the first of its kind in the U.S.
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We the People team 8th in nation

May 12, 2010
Rebecca Berfanger
High school students who represented Indiana at the 23rd annual We the People congressional hearing competition placed eighth among the teams competing on the national level in Washington, D.C., April 22-27.
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Disciplinary Actions - 5/12

May 12, 2010
The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state's rules for admission to the bar and Rules of Professional Conduct.
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Lawyers manage restaurants, legal work in Evansville, Fort Wayne, IndianapolisRestricted Content

May 12, 2010
Rebecca Berfanger
Usually being served by a lawyer is a bad thing. That is, unless the lawyer is offering a cool martini or a warm plate of shrimp and grits.
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In-house attorney at Remy uses engineer experience in legal work

May 12, 2010
Michael Hoskins
Being an attorney wasn't always the plan for Jeremiah J. Shives, in-house counsel for Pendleton-based Remy International.
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Lawyer teaches safety on construction sitesRestricted Content

May 12, 2010
Michael Hoskins
On an occasional Saturday, you may find attorney John Daly teaching a workplace safety course in front of construction workers.
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Exploring e-discovery in federal courtsRestricted Content

May 12, 2010
Michael Hoskins
The first year of a federal e-discovery program is now complete in the 7th Circuit, and despite its success one clear message sets the stage for how the pilot project moves forward: More Indiana judges and attorneys need to step up and get involved.
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East Chicago-casino settlement up in airRestricted Content

May 12, 2010
Michael Hoskins
A Marion Superior Judge declined to immediately decide on the state's request to set aside a partial settlement in a dispute about East Chicago casino revenues.
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Judicial appointments a hot topic at 7th Circuit conferenceRestricted Content

May 12, 2010
Michael Hoskins
This year's 7th Circuit Bar Association and Judicial Conference for the 7th Circuit featured a more historic tone because of the high-profile roster of legal community leaders who attended, as well as offering tidbits about how the Indianapolis federal courthouse will soon be going green, how the state's Southern District is hoping for a new full-time magistrate, and a call to action for Hoosier judges and attorneys to get more involved in a new e-discovery program under way.
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Attorneys face health concerns head onRestricted Content

May 12, 2010
Rebecca Berfanger
It’s never easy to handle an emergency when it comes to someone’s health, on a personal or professional level. But some early planning can help, especially when it comes to knowing who will take over the workload.
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  1. 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."

  2. 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.

  3. 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.

  4. 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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