Bar Associations/Foundations

Marion County Bar Association opposes judicial selection bill

March 8, 2016
Dave Stafford
Lawmakers are working to craft an 11th-hour agreement on how judges should be chosen in Marion County after they were unable to reach a compromise Monday. Meanwhile, Indianapolis’ historically black bar association called for direct election of judges instead of a proposed merit-selection system.
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Indiana High School Mock Trial finals this weekend

March 4, 2016
IL Staff
More than 185 high school students will get their chance to try a trial Saturday and Sunday in front of a panel of experienced judges.
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March Against Hunger competition kicks off

March 1, 2016
Scott Roberts
The Indiana State Bar Association is hosting its eighth annual March Against Hunger food drive competition beginning Tuesday and lasting through March 31. The drive raises food and monetary donations for Indiana’s 11 regional food banks.
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DTCI: Rights of refusal and ‘cooling-off periods’

February 24, 2016
Jason Massaro
I find myself often representing companies that are subject to all sorts of tangential laws that they must know about and adhere to. Many times these laws require certain notice requirements to the clients with whom my clients do business.
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IndyBar: Bar Leader Series Teams Tackle Community Issues Through Service Projects

February 24, 2016
From IndyBar
Each year, the Indianapolis Bar Association’s Bar Leader Series provides a group of the bar’s rising stars with the tools and experiences that will further their growth into future leaders of the association and the Indianapolis community.
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IndyBar: Hospice Program Provides Comfort for Terminally Ill Patients

February 24, 2016
From IndyBar
In hospice care, those around the patient often work to ensure the he or she is comfortable during the final days of life–providing palliative care, creating a soothing environment and gathering loved ones close.
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Moberly: Don’t be the Next Betamax: The Necessity of Evolution in the Legal Profession

February 24, 2016
Robyn Moberly
I’ve had the chance the last few years to think about Internet access to justice, new forms of competition from large global corporations, the possible obsolescence of state-regulated practice of law, commoditized legal services and many other seismic shifts in the legal profession. Lots of other professions have dealt with these changes. You don’t have to look far to see the dramatic change in how medical services are delivered today.
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IndyBar: Demand For Specialized Expertise Among Top Trends Influencing Hiring In Legal Field

February 24, 2016
From IndyBar
As law firms and companies expand legal teams to pursue new business opportunities, competition is intensifying for job seekers with in-demand skills and niche backgrounds.
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Indianapolis family law attorney Strain dies

February 19, 2016
IL Staff
An Indianapolis solo practitioner who was active leader in bar associations died Wednesday. Jana K. Strain was 51.
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IndyBar: Involving Your Expert in the Mediation Process: A Trap for the Unwary?

February 10, 2016
Cases can often involve technical issues. The author has heard of mediations where a party will bring an expert to the mediation to address and respond to the technical issues that are present in the case.
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Moberly: A New Day for Judicial Selection in Marion County

February 10, 2016
Robyn Moberly
The verdict will still be out on how we will select judges in Marion County when this article is printed, but for the first time in decades, we know we will have an entirely new system of selection before May 2017. Hopefully it will be in this legislative session but, if not, in the next.
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IndyBar: Court Rules Pension Survivor Benefits are Marital Assets

February 10, 2016
From IndyBar
The Indiana Court of Appeals in In Re The Marriage of Carr ruled that the survivor benefit that may go to a spouse in a dissolution of marriage is an asset for the purposes of property division and must be included in the marital pot.
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IndyBar Frontlines - 2/10/16

February 10, 2016
From IndyBar
Read news from around the IndyBar!
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DTCI: Indiana Court of Appeals establishes third-party duty of care under CPA

February 10, 2016
From DTCI
On Dec. 31, 2015, the Indiana Court of Appeals issued a ruling in Collip v. Ratts, 49A05-1501-CT-1, 2015 WL 9589777 (Ind. Ct. App. Dec. 31, 2015). The underlying facts show that on March 30, 2009, one of a nurse practitioner’s patients, Robert Ratts, died as a partial result of mixed drug intoxication.
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DTCI: 'It ain't whatcha write, it's the way atcha write it'

February 10, 2016
From DTCIMore

IndyBar: The Indianapolis Bar Foundation Reports Budget-Breaking Success In 2015

January 27, 2016
From IndyBar
With the generous support of the Indianapolis legal community, the Indianapolis Bar Foundation is pleased to report that it exceeded its 2015 fundraising budget by more than 10 percent.
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IndyBar: New Verizon Promotions Available Through National Purchasing Partners

January 27, 2016
From IndyBar
Are you an IndyBar member? Did you know you could be saving money on expenses for travel, office supplies, cellular devices and more?
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Moberly: Time to ‘Tune In’ for 2016

January 27, 2016
Robyn Moberly
I remember the monthly Meetings of Members of the 1980s and how much I looked forward to them. I was a young lawyer and I felt like the new kid in school at those meetings, but somehow I knew it was important to be there and to mingle.
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IndyBar: Family Law Resource Guide Now Available

January 27, 2016
From IndyBar
For family law attorneys in the Indianapolis area, there are a variety of resources available to help, and the IndyBar’s Family Law Resource Guide has them all in one convenient place. This resource is now available to all IndyBar members.
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IndyBar Frontlines - 1/27/16

January 27, 2016
News from around the IndyBar!
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ABA committee recommends Indiana Tech Law School for accreditation

January 26, 2016
Marilyn Odendahl
Indiana Tech Law School’s application for provisional accreditation has received support within the American Bar Association.
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‘Talk to a Lawyer Today’ statewide event to mark MLK Day

January 15, 2016
IL Staff
Lawyers throughout the state will donate legal services to underserved people Monday in the Indiana State Bar Association’s “Talk to a Lawyer Today” event, its 15th annual tribute to Dr. Martin Luther King Jr.
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Meet the 2016 DTCI board of directors

January 13, 2016
From DTCI
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office on Jan. 1, 2016.
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IndyBar: Help a Colleague—And Your Oral Argument—With IndyBar Programs and Services

January 13, 2016
From IndyBar
Each year, more than 800 IndyBar members work on behalf of the bar through sections, divisions, committees and task forces, producing an impressive array of events, programs and services for the benefit of the membership and the legal community at large.
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IndyBar: Avoid the Rush: Plan Ahead with CLE Series Offerings

January 13, 2016
From IndyBar
If you spent the final weeks of 2015 in a CLE cram session, take note: two IndyBar sections have lined up a full year of CLE programs for 2016.
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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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