Courts

High court amends Indiana rules

September 24, 2010
IL Staff
The Indiana Supreme Court has issued 14 orders amending various Indiana rules.
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15 apply to be next Tax Court judge

September 21, 2010
Jennifer Nelson
Fifteen people want to be Indiana’s next Tax Court judge. Judge Thomas G. Fisher announced in August his plans to retire Jan. 1, 2011.
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Appellate court finds lawsuit brought in bad faith

September 20, 2010
Jennifer Nelson
The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.
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Governor chooses Judge Steven David as next Supreme Court justice

September 17, 2010
Michael Hoskins

Boone Circuit Judge Steven David will become the next Indiana Supreme Court justice, meaning the state’s highest court will remain without a woman.

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Indiana gets new federal magistrate

September 15, 2010
Michael Hoskins
For the first time since the early 1980s, the Southern District of Indiana has gotten approval to hire a new full-time federal magistrate. The U.S. Judicial Conference, which is the policy-making arm of the federal court system, approved during its annual fall meeting on Tuesday the Indianapolis-based magistrate spot along with three others throughout the country.
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Tippecanoe County judge recognized for access to justice work

September 15, 2010
IL Staff
Tippecanoe Superior Judge Gregory J. Donat is the 2010 recipient of the American Judicature Society’s Kathleen M. Sampson Access to Justice Award. Judge Donat has worked to improve access to justice for everyone.
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Candidacy issues in Allen, Lake counties

September 15, 2010
Michael Hoskins
During an afternoon of heated debate about election law, a state commission kept a controversial incumbent judge on Allen County’s ballot despite arguments he should be disqualified while it essentially pulled another judicial candidate off the Lake County ballot in a challenge involving how the political process put him into the race.
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National event in Indiana can help lawyers, judges, law students

September 15, 2010
Rebecca Berfanger
Issues that affect every member of the legal community’s mental health and wellness, whether through a personal experience or that of a colleague, will be the focus of a conference in Indianapolis next month.
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New approach to foreclosure prevention successful

September 15, 2010
Rebecca Berfanger
Courts around the state have experienced more success with a new approach to settlement conferences utilizing facilitators – who interact directly with borrowers and lenders – than past attempts to find alternatives to foreclosures.
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Judges not required to report recusals, reasons for stepping asideRestricted Content

September 15, 2010
Michael Hoskins
Judicial recusals are a serious topic, but Indiana law professor Charles Geyh can’t help but wonder how much lawyers and the public really know about requests and reasons for judges to step away from a case.
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Supreme Court preps for lineup changeRestricted Content

September 15, 2010
Michael Hoskins
The Indiana Supreme Court will soon see its first lineup change in more than a decade, and as that turnover approaches, the state’s highest appellate court is mostly conducting business as usual.
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Lawyer-legislator's attacker on trial

September 15, 2010
Michael Hoskins
The man accused of attacking a lawyer-legislator last year because of a 23-year-old legal dispute is on trial in Hamilton Superior Court, facing multiple felony charges and potentially 100 years or more in prison.
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Court appoints new CLE commission members

September 13, 2010
IL Staff
The Indiana Supreme Court has appointed three new members to the Commission for Continuing Legal Education to replace those whose terms expire at the end of the year.
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Masters named in traffic judge’s misconduct case

September 10, 2010
IL Staff
The Indiana Supreme Court has appointed the three masters in the case of Marion Superior Judge William Young.
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Defendants in will contest must timely answer

September 7, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
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Accused attorney attacker’s trial begins

September 7, 2010
IL Staff
The trial of the attorney who allegedly attacked a state representative last year began today in Hamilton County.
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Justices rule on Journey’s Account Statute

September 1, 2010
Michael Hoskins
The Indiana Supreme Court believes general negligence claims filed with the Indiana Department of Insurance can continue an action already filed in state court relating to medical malpractice issues.
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Landlord not responsible for dog bite

September 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment today for a landlord who was sued by a postal carrier who was bit by a tenant’s dog that had escaped from the property. The judges declined to find that by entering into a lease, a landlord establishes a relationship to a tenant’s dog.
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Indianapolis Bar Association forms PACRestricted Content

September 1, 2010
Michael Hoskins
The Indianapolis Bar Association may be the first statewide or nationally to create a plan aimed at combating judicial campaign-contribution concerns on the heels of a landmark court ruling last year.
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7th Circuit upholds Indiana's judicial canons

September 1, 2010
Michael Hoskins
At a time when the legal community is caught up in controversies about how judges are selected and whether they can remain impartial, the 7th Circuit Court of Appeals has weighed in on that national debate and ruled that states have the authority to self-regulate on those issues as it relates to judicial canons.
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Guardians program fulfills needRestricted Content

September 1, 2010
Rebecca Berfanger
To help address the need for guardians for patients of a northwest Indiana hospital, Lake County Judge Diane Kavadias-Schneider – with others in the court and with permission from Indiana Chief Justice Randall T. Shepard – worked on a guardianship program that involved temporary volunteer guardians.
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Adult guardianship programs continue to operate with little fundingRestricted Content

September 1, 2010
Rebecca Berfanger
Courts around Indiana have started their own guardianship programs based on the Lake County model program in Allen, Elkhart, Lawrence, St. Joseph, Tippecanoe, and Vanderburgh counties.
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Indianapolis attorney chosen as magistrate judge

September 1, 2010
Michael Hoskins
A partner at Indianapolis law firm Barnes & Thornburg has been chosen as the newest federal magistrate judge for the U.S. District Court for the Southern District of Indiana.
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Appeals court hears back-pay arguments

September 1, 2010
Michael Hoskins
Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.
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Disagreements plague Camm case

September 1, 2010
Michael Hoskins
Attorneys in the high-profile David Camm case in southern Indiana disagree about where to pull jurors from for a third murder trial and whether the original prosecutor can continue on the case.
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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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