State agencies

Justices decline to reconsider out-of-state placements ruling

November 4, 2011
Michael Hoskins
The Indiana Supreme Court has denied a rehearing petition from the state attorney general’s office to revisit a June ruling that upheld three statutes involving juvenile judges’ authority on out-of-state placements.
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Ethics scandal costs Duke Energy in 2 rulings

October 20, 2011
Chris O'Malley
A 2010 ethics scandal involving the chief legal counsel for the state’s utility regulatory agency, who presided over cases favorable to Duke Energy Corp. in the months prior to taking a job at the utility, has come back to bite the state’s biggest electric utility.
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Justices take FSSA reimbursement case

October 11, 2011
IL Staff
The Indiana Supreme Court has granted transfer to a case in which the Indiana Court of Appeals ordered a state agency to pay a long-term care facility after the agency terminated its contract with the facility.
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Court: CHINS fact-finding hearing required by due process

September 28, 2011
Michael Hoskins
The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.
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Judge allows state to cut Medicaid fees to pharmacists

September 15, 2011
Michael Hoskins
An Indianapolis federal judge has reversed the temporary restraining order she issued two months ago that stopped the state from cutting fees it pays to pharmacists for dispensing Medicaid prescriptions.
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Judges disagree on whether use of names or initials is appropriate

September 14, 2011
Michael Hoskins
A clear divide exists at the Indiana Court of Appeals these days and is anything but confidential. Judges are debating whether parties’ names on certain cases should be released publicly or be shielded through use of initials only.
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State preparing to pay maximum in stage collapse damages

August 31, 2011
Scott Olson
The state of Indiana is set to forgo costly and lengthy litigation and instead pay the maximum $5 million in damages allowed by law to victims of the Indiana State Fair concert stage collapse, Attorney General Greg Zoeller said Wednesday.
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Man's detainment by officer violated 4th Amendment

August 31, 2011
Jennifer Nelson
Conservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.
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Meth use linked to increase in CHINS

August 31, 2011
Jenny Montgomery
Leslie Dunn, Indiana state director for GAL/CASA, said the number of Child in Need of Services cases over time remains stable, but she’s seen some remarkable variations in cases per-county from year to year. In Vanderburgh County, for example, new CHINS cases jumped from 448 in 2008 to 818 in 2010. People who are watching these numbers with concern cite several possible reasons for these variations.
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Attorney general wants State Fair class action dismissed

August 30, 2011
IL Staff
The Office of the Indiana Attorney General filed a motion Monday in Marion Superior Court to dismiss a proposed class-action lawsuit filed as a result of the stage collapse at the Indiana State Fair.
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Class-action lawsuit filed over State Fair stage collapse

August 23, 2011
Scott Olson
A class-action lawsuit filed by an Indianapolis law firm is the largest legal action to arise so far from the collapse of a concert stage at the Indiana State Fair.
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Tax judge shoots down 'Al Capone' approach

August 22, 2011
Michael Hoskins
In a blow to the Indiana attorney general’s office, the state’s tax judge has shot down a legal theory that used jeopardy tax assessments to go after a purported puppy mill in Harrison County.
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Damage cap limits state's potential losses from concert tragedy

August 18, 2011
Scott Olson
Total damages the Indiana State Fair could pay victims of last Saturday's concert tragedy would be capped at $5 million—an amount personal-injury lawyers say is far too low for the injuries and deaths involved.
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Rising CHINS cases cause concern

August 17, 2011
Jenny Montgomery
Southern Indiana counties struggle with increase in child abuse cases.
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Casino winnings pay child support

August 17, 2011
Michael Hoskins
Indiana’s casinos have blocked payouts to hundreds of state gamblers who are behind on their child support payments during the past year.
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COA: Names in workforce development cases aren't confidential

August 12, 2011
Michael Hoskins
From now on, the Indiana Court of Appeals will publish full names of parties on workforce development review board cases after determining state statute doesn’t require those to be kept confidential in public court records.
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Appeals court affirms sending employee appeal back to agency

August 11, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a fired Department of Correction employee’s petition for judicial review, finding that it was clear on the record that an administrative agency’s action was without evidentiary foundation. The appellate court noted the difficulty the judge had in conducting the judicial review due to deficiencies in recording testimony.
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DCS to host Foster Families Night at Gary baseball stadium

August 10, 2011
IL Staff
As a part of the series of events the Indiana Department of Child Services is holding to show appreciation for foster families, a Foster Families Night will be held Aug. 13 at the Gary SouthShore RailCats game.
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AG: DCS out-of-state placements shouldn’t be reviewable by courts

August 4, 2011
Michael Hoskins
An Indiana Supreme Court decision upholding three statutes relating to juvenile judges’ authority on out-of-state placement cases created what the state attorney general’s office calls too much confusion, and the justices should revisit the ruling it made a little more than a month ago.
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Lawyer lands winning in-house lottery job

August 3, 2011
Michael Hoskins
When Andrew Klinger decided to take a job as corporate counsel for a state agency, he was essentially playing the odds like someone buying a lottery ticket.
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Applicants vie to become next IPAC director

July 25, 2011
Michael Hoskins
A four-person search committee continues reviewing applications of individuals who have expressed interest in becoming the next Indiana Prosecuting Attorneys Council director. About 20 people have applied to take over the post after the agency’s current leader, Stephen Johnson, retires Aug. 1.
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Justices accept 5 cases

July 25, 2011
Jennifer Nelson
The Indiana Supreme Court has granted transfer to five cases, including a first impression issue dealing with Social Security income and restitution.
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Judge approves proposed settlement agreement

July 22, 2011
Jennifer Nelson
A federal judge has approved a proposed settlement agreement in a class-action lawsuit against the Indiana Family and Social Services Administration alleging that an agency policy that doesn’t allow certain Medicaid waiver enrollees to apply for services other than what’s been approved by their case manager is in violation of federal Medicaid law.
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Governor names new public access counselor

July 20, 2011
IL Staff
Gov. Mitch Daniels has appointed Joseph Hoage as Indiana public access counselor. He replaces Andrew Kossack, who recently resigned to take a position with the Indiana Department of Education.
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Circuit Court upholds ban on pen-pal solicitation by inmates

July 19, 2011
Jennifer Nelson
The First Amendment rights of Indiana inmates aren’t being violated by a ban instituted by the Department of Correction on advertising for pen-pals and receiving materials from resources that allow people to advertise for pen-pals, the 7th Circuit Court of Appeals held Tuesday.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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