Courts

Marion Superior judge new pro bono committee chair

July 30, 2010
IL Staff
The District 8 Pro Bono Committee has a new chair – Marion Superior Judge David A Shaheed.
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Second round of justice interviews Friday

July 29, 2010
IL Staff
Interviews for the newest justice are Friday. Indiana Lawyer will be covering the semi-finalist interviews with updates throughout the day.
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High court takes certified question from Southern District

July 28, 2010
Jennifer Nelson
The Indiana Supreme Court will answer a certified question in litigation involving the state’s Products Liability Act. The justices accepted the certified question from U.S. District Court, Southern District of Indiana Judge Larry J. McKinney Tuesday afternoon.
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Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act

July 27, 2010
Jennifer Nelson
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice resulted in injuries to the mother, fetus, or both.
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Judge worries ruling may make bright-line rule in traffic stops

July 27, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns were legitimate enough to allow the officer to search a car after a traffic stop.
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Court upholds discrimination claims in coroner's office

July 27, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner could receive.
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Plain English jury instructions now available

July 22, 2010
IL Staff
The Indiana Model Civil Jury Instructions, which were prepared by the Civil Instructions Committee of the Indiana Judges Association and are written in plain English, are now available.
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No issue with all legislative logrolling

July 21, 2010
Michael Hoskins
The Indiana Supreme Court offered some clues recently about why it’s ignored repeated attempts to address the issue of legislative logrolling, where multiple unrelated changes are stuffed into one massive bill that becomes law.
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Judge faces 4 charges

July 21, 2010
Michael Hoskins
A Marion Superior judge presiding over the county’s traffic court faces four judicial misconduct charges as a result of his general handling of traffic infraction cases and one suit in particular, where the state justices have described him as being “biased.”
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'Posnerian' wisdom featured in professor's new bookRestricted Content

July 21, 2010
Rebecca Berfanger
It’s no secret judicial clerks help with writing opinions at some point in the process – whether it’s the research, writing a first draft, reading and writing memos to judges on their drafts, or in some cases rewriting the judge’s first draft or outline into a final draft.
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Patient wins case following disclosure of HIV statusRestricted Content

July 21, 2010
Rebecca Berfanger
Considering how much information is out there on just about every individual – a simple Google search can prove that – it’s difficult to say what is or isn’t private anymore.
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9 semi-finalists in running for justice spot

July 21, 2010
Michael Hoskins
Nine attorneys remain in the running to be the next Indiana Supreme Court justice after a seven-member commission narrowed down a list of nearly three-dozen applicants earlier this month for the court opening.
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Hogsett tapped for U.S. Attorney post

July 21, 2010
Michael Hoskins
When Indianapolis attorney Joe Hogsett received the news that he’d been tapped by President Barack Obama to be the next U.S. Attorney for the Southern District of Indiana, one of his first thoughts was that this could be the next home run in his career.
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Disciplinary rulings explore 'knowing' standard

July 21, 2010
Michael Hoskins
Attorneys faced misconduct cases involving incorrect citation, agreement-signing.
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Anything you tweet may be used against you...Restricted Content

July 21, 2010
Michael Hoskins
Instant updates on Facebook and Twitter are becoming a staple in people’s lives, and those social media networks are becoming a more common part of the litigation process in state and federal courts.
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Justices consider juvenile placements

July 21, 2010
Michael Hoskins
The Indiana Supreme Court is considering a case where a St. Joseph County juvenile judge has declared unconstitutional three statutes involving child placements, a controversial issue that’s pitted many within the state judiciary against the Indiana Department of Child Services for the past two years.
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Former Indiana appellate deputy clerk dies

July 21, 2010
Jennifer Nelson
A former deputy clerk for Indiana’s appellate courts died July 5 in Wisconsin from complications following a heart transplant.
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52 apply for magistrate spot in Southern District

July 19, 2010
Jennifer Nelson
More than 50 people have applied to become the next magistrate judge in U.S. District Court for the Southern District of Indiana.
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Clark County goes online with Odyssey

July 19, 2010
IL Staff
Clark County is now using the Indiana Supreme Court Case Management System, Odyssey.
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Marion Superior Traffic judge charged with misconduct

July 16, 2010
Michael Hoskins
The Indiana Commission on Judicial Qualifications has charged Marion Superior Judge William E. Young with misconduct for his handling of traffic court cases.
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Judiciary ready to move on appellate CMS, e-filing

July 12, 2010
Michael Hoskins
The state judiciary is moving forward with a plan to establish an appellate case management system, which someday could entail an e-filing system similar to what the federal courts currently have access to.
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Merit-selection panel formed to select new federal magistrate

July 12, 2010
Michael Hoskins
Anyone interested in being a federal magistrate for the southern part of Indiana has until Wednesday to apply for that position.
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Renovations under way at federal courthouseRestricted Content

July 7, 2010
Michael Hoskins
As attorneys and judges continue filing and litigating cases in the U.S. District Court for the Southern District of Indiana, a renovation project is underway and adding new life into the federal courthouse in downtown Indianapolis.
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Judicial pay case gets ABA supportRestricted Content

July 7, 2010
Michael Hoskins
The American Bar Association wants the Supreme Court of the United States to take a case that asks whether congressional denial of cost-of-living adjustments for federal judges compromises judicial independence and violates the Constitution.
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Appellate court openings spark discussion about experienceRestricted Content

July 7, 2010
Michael Hoskins
Whether someone has worn a black robe before joining an appellate court is a discussion that often surfaces whenever one of those judiciary posts opens in either the state or federal system.
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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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