Rehearing

Second Century suit can proceed

November 10, 2010
Michael Hoskins
A Marion Superior judge has lifted a stay on the litigation involving East Chicago’s accounting and use of casino revenue, allowing the state to proceed with discovery and ask the court to require a for-profit organization to turn over documents relating to millions in casino revenue.
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Brizzi disciplinary case delayed again

November 10, 2010
Michael Hoskins
By the time Marion County Prosecutor Carl Brizzi faces a disciplinary hearing on alleged misconduct about how he publicly discussed pending cases, he’ll have finished his term and will no longer be prosecutor in the state’s largest county.
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Agency wants one-year suspension

November 10, 2010
Michael Hoskins
The Indiana Supreme Court’s Disciplinary Commission argues that a hearing officer’s recommendation of a public reprimand against Delaware County Prosecutor Mark McKinney is inadequate and the elected official should receive a one-year suspension.
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Commission on Courts makes recommendations

October 27, 2010
Michael Hoskins
As the interim legislative calendar wound down to make way for the next Indiana General Assembly session, the Commission on Courts has made recommendations on new court requests and discussed issues that impact funding and structure of statewide trial courts.
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Courts consider foreclosure issues

October 27, 2010
Rebecca Berfanger
To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.
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Adult guardians sworn in

October 27, 2010
Rebecca Berfanger
A swearing-in ceremony for the first class of the Wishard Volunteer Advocates Program took place Oct. 18 at Indiana University School of Law – Indianapolis.
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IBF receives $100k; shares 2011 budget

October 27, 2010
Rebecca Berfanger
Following the unexpected gift from the Indiana Continuing Legal Education Forum’s governing board of $100,000 to the Indiana Bar Foundation on Oct. 15, leadership for IBF said it is unlikely the foundation will give all of that money to the pro bono districts.
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Applications for new magistrate accepted

October 13, 2010
Michael Hoskins
The U.S. District Court for the Southern District of Indiana is accepting applications for a new magistrate position recently approved by the Judicial Conference.
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Candidate on ballot as appeal proceeds

October 13, 2010
Michael Hoskins
The Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial-election issue from Lake County, while the lower appeals court decided not to grant an expedited-hearing request despite the pending election.
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SCOTUS won't take Indiana UPL case

October 13, 2010
Michael Hoskins
The Supreme Court of the United States won’t reconsider a significant unauthorized practice of law case ruled on by the Indiana Supreme Court earlier this year.
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ISBA panel still studying ALJ issues

October 13, 2010
Michael Hoskins
Gov. Mitch Daniels fired the state’s top utility regulator recently, citing ethical concerns about how a now-former administrative law judge presided over cases involving a regulated energy company leading up to his taking a job there.
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Court: Slow start for optional e-filing

September 29, 2010
Michael Hoskins
Marion Superior Courts have fully implemented e-filing for civil collections and mortgage foreclosure cases, but law firms and attorneys are not en masse embracing the change that’s currently a voluntary choice.
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7th Circuit mulls adult-business laws

September 29, 2010
Michael Hoskins
The 7th Circuit Court of Appeals is considering whether a Southern District of Indiana judge correctly weighed evidence in granting a preliminary injunction that stopped Indianapolis from enforcing a 2002 ordinance regulating adult-business hours.
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Judicial candidate put back on ballot

September 29, 2010
Michael Hoskins
A Highland attorney is back on the ballot for a Lake Circuit judge opening after he received a temporary restraining order and preliminary injunction that say the Indiana Election Commission shouldn’t have removed his name as a candidate for the general election.
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7th Circuit hears Cinergy appeal

September 29, 2010
Michael Hoskins
The 7th Circuit Court of Appeals is considering the appeal involving the 2009 retrial on clean-air rule violations at a coal-fired power plant in southeast Indiana.
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Judge leaves for Afghanistan mission

September 29, 2010
Michael Hoskins
After a year of preparation, Marion Superior Juvenile Judge Marilyn Moores left for an 11-month mission to Afghanistan to help rebuild the war-torn country’s farming and agricultural infrastructure.
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Lenders meet with borrowers at event

September 29, 2010
Rebecca Berfanger
Following a statewide event Sept. 1 to help to homeowners who were concerned they might be facing foreclosures, the Indiana Foreclosure Prevention Network hosted another event Sept. 16 in Indianapolis.
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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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Film about climber to be released soon

September 15, 2010
Rebecca Berfanger
Since receiving a call from the family of Aron Ralston, a hiker who cut off his own arm to free himself from a boulder in Utah in May 2003, Indianapolis attorney Ronald E. Elberger has represented Ralston on a book deal, media appearances, and most recently the deal for a movie about his struggle.
More

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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Disagreements plague Camm case

September 1, 2010
Michael Hoskins
Attorneys in the high-profile David Camm case in southern Indiana disagree about where to pull jurors from for a third murder trial and whether the original prosecutor can continue on the case.
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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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8 submit proposals for Indiana appellate system

August 24, 2010
Michael Hoskins
Eight companies are interested in outfitting the Indiana appellate courts with a case management system with public access and e-filing capabilities.
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Deadline set for Tax Court judge applications

August 17, 2010
Michael Hoskins
Anyone interested in being the next Indiana Tax Court judge has just about a month to apply for that position.
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No qualified immunity for officer in diabetic man's claim

August 12, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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