Viewpoint

Editorial: Stalemate leaves constituents without a voice

March 2, 2011
Editorial Indiana Lawyer
There’s a lot of shouting and political posturing going on, but we’re not at all certain there’s much in the way of listening and compromising taking place.
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Editorial: All who serve as judges should be lawyers

February 16, 2011
Judges Mark Stoner and Terry Shewmaker explain why a proposed bill would protect Hoosiers' rights by making sure that law-trained judges preside over all cases in Indiana.
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Editorial: Home is where the heart is for Mr. Copsey

February 2, 2011
Editorial Indiana Lawyer
We often think of law enforcement officers and firefighters as first-responder types who venture into situations where others are reluctant to go. We’d like to expand the definition of first responder a bit, and bring your attention to an Indianapolis lawyer who after retiring from his day job years ago decided he wasn’t quite done practicing law.
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Editorial: Subpoenas for advocates raise concerns

January 19, 2011
Editorial Indiana Lawyer
In our culture, someone accused of a crime gets a vigorous defense to make certain all of the accused person’s constitutional rights are protected. This is as it should be. Those faced with the loss of their liberty or life deserve no less than the best defense that can be put forth.
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Editorial: Election Day 2010 provides cause for concern

December 8, 2010
Editorial Indiana Lawyer
Here's to hoping reason and sanity will prevail, but we're not holding our breath.
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Viewpoint: I hope you read this

November 24, 2010
An anonymous young lawyer in Indianapolis discusses her anxiety issues and the Judges and Lawyers Assistance Program.
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Editorial: Human trafficking is local issue

November 10, 2010
Editorial Indiana Lawyer
It’s a silent and devastating problem going on right under our noses, and it’s going to take courage and a willingness to ask invasive and uncomfortable questions to stop it.
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Editorial: Ted Boehm not headed toward retirement

October 27, 2010
Editorial Indiana Lawyer
This was one retirement ceremony we were not looking forward to attending, fearing that the gentleman stepping away from the bench would slip away from public life and live quietly with his family, indulging his interests outside the law, while working as a mediator at Van Winkle Baten Rimstidt and senior judging for the Indiana Court of Appeals.
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Editorial: New justice brings much to appreciate

September 29, 2010
Editorial Indiana Lawyer
The state still needs to address the elephant in the room.
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Editorial: Maybe there's a reason she doesn't just leave

September 15, 2010
Editorial Indiana Lawyer
Why doesn’t she just leave?
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Editorial: Preservation of judicial impartiality a win

September 1, 2010
Editorial Indiana Lawyer
Here at the newspaper, we don’t like to see anything put the brakes on the sharing of opinions.
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Editorial: Nature of work requires adequate safety plan

August 18, 2010
IL Staff
A few days after then-U.S. District Court Judge David Hamilton ruled in late 2005 in Anthony Hinrichs, et al. v. Brian Bosma, et al., that sectarian prayer could not be used to open legislative sessions, we received a phone call from someone who wanted the judge’s e-mail address and contact information. We declined to give that information.
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Editorial: Remove obstacles that discourage voters

August 4, 2010
Editorial Indiana Lawyer
Casting a ballot in an election ought to be a simple thing for a citizen to do. But there are those who would make it as difficult as possible for some to exercise their franchise.
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Editorial: Concerns about budget cuts warranted

July 21, 2010
Editorial Indiana Lawyer
We believe the state of Indiana has hit bone with a budget cut instituted earlier this month.
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Editorial: Next choice for Indiana Supreme Court must be a woman

July 7, 2010
Editorial Indiana Lawyer
The future is now for the high court.
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Editorial: New judges add more than needed diversity

June 23, 2010
Rebecca Collier
Those of us on staff here at the newspaper that grew up in Indiana and were of a certain age to pay attention to the news can likely recall when Judge Sarah Evans Barker was confirmed to the U.S. District Court for the Southern District of Indiana.
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Editorial: Don't keep quiet, join a healthy debate

June 9, 2010
Editorial Indiana Lawyer
We know you have opinions – thoughtful, reasonable ones that would make for great discourse in the newspaper. But getting you to share them is more difficult than we would like.
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Indiana Judges Association: Choose between the good and the good

June 9, 2010
David Dreyer
Judge David J. Dreyer urges the governor to appoint a Notre Dame Law School alum.
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DTCI: The broad scope of MDA preemption

June 9, 2010
John Twohy
In a series of decisions culminating in Riegel v. Medtronic, Inc.,  federal courts came to recognize that the Medial Device Amendments preempted not only traditional products liability claims such as those based on an alleged defect or implied warranty but also causes of action premised on theories such as consumer fraud.
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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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Editorial: Political pomposity a disservice to public

April 28, 2010
Editorial Indiana Lawyer
Dawn Johnsen deserved the nomination, and definitely was the right woman for the job, but unfortunately partisan vitriol appears to be worth more in Washington, D.C., than doing the right thing.
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Editorial: We the People team's civics study heartens many

April 14, 2010
Editorial Indiana Lawyer
Like it or not, we live in a time where, for some people at least, it's become acceptable to speak about "reloading" when doing battle against political opponents and to mark their political districts with gun sites, and where members of a Midwestern church believe it's their duty to travel the nation and spew hate-laced messages in places where people are mourning tragedy.
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Editorial: Lawmakers don't inspire confidence

March 17, 2010
Editorial Indiana Lawyer
Indiana Supreme Court Justice Frank Sullivan certainly spoke for us when he asked this question a couple of weeks ago: "Wouldn't we feel better about all of this if it hadn't been enacted on partyline votes, though?"
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Editorial: Losing sight of the goal

March 3, 2010
Editorial Indiana Lawyer
Feb. 25 was certainly an ugly day.
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Editorial: Deadbeat bill a good idea

February 17, 2010
Editorial Indiana Lawyer
At first glance, the legislation seems like the sort that no one could possibly have an objection to.
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  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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