Courts

Courts consider foreclosure issues

October 27, 2010
Rebecca Berfanger
To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.
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Lawyers in uncharted waters with 358 med-mal claims against former physician

October 27, 2010
Michael Hoskins
If ever there was a line of litigation symbolizing a “cornucopia of legal issues,” then it’s the string of claims against the former Merrillville sinus specialist known as “The Nose Doc.”
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Justice David joins the Indiana Supreme Court

October 27, 2010
Michael Hoskins
One word marked Justice Steven H. David’s beginning on the Indiana Supreme Court: wow.
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Ukrainian lawyers in Indiana

October 27, 2010
Rebecca Berfanger
On their recent visit to Indiana, six delegates from the Ukraine in various legal roles learned how similar and different their legal system is compared to the justice system in the U.S. by visiting and observing it firsthand.
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Judges' right to bear arms (sometimes)

October 27, 2010
Michael Hoskins
The Commission on Courts didn't recommend any state statute changes that would have allowed judges authority to carry weapons in places county ordinances or laws currently prevent.
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Annual event recognizes pro bono efforts

October 27, 2010
IL Staff
Photos from the 2010 Randall T. Shepard Award Dinner.
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COA reverses motion allowing for release of documents

October 26, 2010
Rebecca Berfanger
The Indiana Court of Appeals today reversed an order from Lake Superior Court that granted a motion to compel the production of documents from the appellant-defendant Allstate Insurance Company.
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Supreme Court appoints new justice’s Circuit Court replacement

October 19, 2010
IL Staff
The Indiana Supreme Court has appointed a judge who will fill a vacancy on Boone Circuit Court caused by The Hon. Steven David becoming the newest state justice. The high court appointed attorney J. Jeffrey Edens as judge pro tempore in Boone Circuit Court.
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Judge DeGuilio to be officially sworn in Oct. 29

October 18, 2010
IL Staff
The state’s newest judge in the Northern District of Indiana will be formally sworn in Oct. 29 at the Robert A. Grant Federal Building and Courthouse in South Bend.
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Appellate court travels for arguments

October 18, 2010
IL Staff
As part of its “Appeals on Wheels” initiative, the Indiana Court of Appeals will hit the road this week to hear arguments.
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Teen who jumped from courthouse’s third floor dies

October 15, 2010
Elizabeth Brockett
An Avon teen who jumped from the third floor of the Hendricks County Courthouse Wednesday has died.
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Justices side with casinos' interests on card counters, problem gambling losses

October 13, 2010
Michael Hoskins
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card counters and holding that pathological gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
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Former Justice Theodore R. Boehm joins Indy dispute resolution firm

October 13, 2010
Michael Hoskins
Aside from writing precedent-setting decisions and rules that govern the entire Hoosier legal community, now-retired Indiana Supreme Court Justice Theodore R. Boehm said there’s one significant part of his legacy on the state’s highest court that is mostly overlooked.
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Education conclave focuses on diversity, economy

October 13, 2010
Rebecca Berfanger
When the Indiana State Bar Association gets law students, attorneys, professors, judges, court administrators, deans, and representatives of Indiana’s Judges and Lawyers Assistance Program, Disciplinary Commission, Board of Law Examiners, and the Indiana Bar Foundation are all in the same place for a few hours, some interesting dialogues are bound to take place.
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Judge Pratt makes history

October 13, 2010
IL Staff
Judge Tanya Walton Pratt becomes the first African-American federal jurist in Indiana.
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5 Court of Appeals judges up for retention

October 13, 2010
Michael Hoskins
One third of the Indiana Court of Appeals judges face a retention vote this year. Read the judges’ answers to questions posed by Indiana Lawyer.
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7 semi-finalists still vying for Tax Court

October 13, 2010
Michael Hoskins
Seven attorneys remain in the running to be the next Indiana Tax Court judge, and they return for second interviews before the Indiana Judicial Nominating Commission Oct. 27.
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Discipline case poses questions on recusals, separation of powers

October 13, 2010
Michael Hoskins
Delaware County Prosecutor Mark McKinney should be publicly reprimanded for violating four professional conduct rules in his handling of civil forfeiture matters as a private attorney while simultaneously prosecuting those same criminal defendants, according to a hearing officer the Indiana Supreme Court appointed to examine disciplinary charges against the prosecutor.
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Law school hosts appellate hearings

October 13, 2010
IL Staff
Indiana University Maurer School of Law – Bloomington recently hosted two appellate hearings at the law school’s moot court room.
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Applications for new magistrate accepted

October 13, 2010
Michael Hoskins
The U.S. District Court for the Southern District of Indiana is accepting applications for a new magistrate position recently approved by the Judicial Conference.
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Candidate on ballot as appeal proceeds

October 13, 2010
Michael Hoskins
The Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial-election issue from Lake County, while the lower appeals court decided not to grant an expedited-hearing request despite the pending election.
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SCOTUS won't take Indiana UPL case

October 13, 2010
Michael Hoskins
The Supreme Court of the United States won’t reconsider a significant unauthorized practice of law case ruled on by the Indiana Supreme Court earlier this year.
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Commissions applicants Q&A online

October 13, 2010
Michael Hoskins
Read the responses from the five Indiana Judicial Nominating and Qualification commissions nominees to questions posed by Indiana Lawyer.
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Indiana Court of Appeals Judicial Retention Q&A

October 13, 2010
Indiana Lawyer posed 11 questions to the five Indiana Court of Appeals judges who are facing retention this year – Judges L. Mark Bailey, Melissa S. May, Margret G. Robb, Cale J. Bradford, and Elaine B. Brown.
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Indiana Judicial Nominating/Qualifications Commissions candidates Q&A

October 13, 2010
Read the answers to questions posed by Indiana Lawyer to the five attorneys – Jan Carroll, David Hennesy, Kathy Osborn, Joel Schumm, and William Winingham - vying for a spot on the Indiana Judicial Nominating/Qualifications Commissions.
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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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