Courts

Justices suspend attorney for 18 months

December 21, 2011
Jennifer Nelson
Three Indiana justices decided that an attorney deserved an 18-month suspension for violating four rules of Professional Conduct, including charging an unreasonable fee. Justice Steven David didn’t participate in the case and Justice Robert Rucker believed the attorney only violated three of the rules and deserved a shorter suspension.
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Recognizing judicial family issues

December 21, 2011
Michael Hoskins
The wife of Indiana Justice Brent Dickson was recently honored for her work in creating the Judicial Family Institute.
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Chief justice completing his 'dream job'

December 21, 2011
Michael Hoskins
Randall T. Shepard will retire from the bench as country’s longest-serving state court leader.
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Impact of an evolving interstate

December 21, 2011
Michael Hoskins
Lawsuits challenge the environmental footprint and public policy of I-69 expansion in southern Indiana.
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Disciplinary Actions - 12/21/11

December 21, 2011
Read who's been suspended from the practice of law.
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Marsh wins $19.5M judgment against Roche

December 20, 2011
Scott Olson
A Hamilton Superior judge has awarded Marsh Supermarkets Inc. a total of $19.5 million in damages in a soured sublease deal with Swiss pharmaceutical- and medical-equipment-maker Roche.
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Traffic judge's 60-day suspension begins next week

December 20, 2011
Michael Hoskins
Hammond City Court Judge Jeffrey A. Harkin will begin serving his 60-day unpaid suspension on Dec. 27 as a result of an agreement he reached with the Indiana Commission on Judicial Qualifications and approved by the state’s highest court.
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Judge upholds New Castle mayor's election

December 20, 2011
Michael Hoskins
A special judge in Henry County has dismissed a challenge to the New Castle mayor’s election, finding that mayor-elect Greg York is able to become the city’s top executive because he didn’t violate the state’s residency requirement by keeping two homes and splitting where he spent his time.
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In issue of first impression, COA reverses union decision

December 20, 2011
Jenny Montgomery
Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.
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Judges uphold man's convictions, enhanced sentence

December 20, 2011
Michael Hoskins

The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.

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Federal Circuit hears judges' pay case

December 19, 2011
Michael Hoskins
A federal appellate court heard arguments Friday in a case that could ultimately decide if Congress has the authority to withhold judicial pay increases as it’s done in the past or whether cost-of-living adjustments are required.
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COA affirms arbitration opinion on rehearing

December 19, 2011
Jenny Montgomery
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.
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Appeals court sides with estate of contractor killed on the job

December 19, 2011
Jenny Montgomery
The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.
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Justices grant transfer in 1 civil case

December 19, 2011
IL Staff
The Indiana Supreme Court has accepted a case asking whether a construction subcontractor on a public school project can be held liable for attorney fees under the state’s public records access laws applying to public agencies.
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Job opening: Indiana Supreme Court justice

December 19, 2011
Michael Hoskins
Lawyers interested in becoming the next justice on the Indiana Supreme Court have until Jan. 27 to apply for the opening created by Chief Justice Randall T. Shepard’s upcoming retirement.
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Judge: Governor can be deposed

December 16, 2011
Michael Hoskins
Indiana Gov. Mitch Daniels shouldn’t be excused from appearing for a deposition in a lawsuit challenging the cancelled multi-million dollar contract with IBM to modernize the state’s welfare system, according to Marion Superior Judge David Dreyer.
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In first impression ruling, COA reverses trial court on illegal search

December 16, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.
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Justices rule man not disenfranchised under the Infamous Crimes Clause

December 15, 2011
Jennifer Nelson
The Indiana Supreme Court hesitantly answered Thursday a certified question from the federal court as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.
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IJA honors colleague and journalist

December 15, 2011
Jennifer Nelson
An Allen Superior judge and a Louisville journalist received the Community Relations Committee awards this year from the Indiana Judges Association.
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7th Circuit affirms dismissal of plaintiffs

December 15, 2011
Jennifer Nelson
Before the 7th Circuit Court of Appeals could rule on the dismissal of multiple plaintiffs from a civil rights and breach of contract lawsuit, the appellate court had to determine if it had jurisdiction to rule on the plaintiffs’ appeal.
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Grand jury indicts 2 attorneys, real estate broker

December 14, 2011
Cory Schouten
A grand jury in South Bend has returned a 14-count criminal indictment against two attorneys and a real estate broker from central Indiana over a state lease deal in Elkhart.
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Woman loses appeal for overtime pay

December 14, 2011
Jennifer Nelson
A sewing manager who sued her former employer to obtain overtime pay for work she did before her shift started lost her appeal because the employer didn’t know that she was working prior to her shift, the 7th Circuit Court of Appeals ruled Wednesday.
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Evidence properly admitted under independent source doctrine

December 14, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone number on a defendant’s cell phone in 2007 at the man’s trial several years later.
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Judges reverse termination of parents' rights

December 14, 2011
Jennifer Nelson
In a case filled with several errors and discrepancies, the Indiana Court of Appeals has reversed the termination of parental rights of a mother and two fathers because the Department of Child Services failed to meet the burden of proving that termination is in the best interest of the children.
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New St. Joe magistrate judge to begin duties Jan. 2

December 14, 2011
IL Staff
Elizabeth C. Hurley has been selected as the newest magistrate judge in St. Joseph Circuit Court. She replaces Magistrate Judge David T. Ready, who is retiring from the bench.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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