Government

Judge rules Charlie White ineligible for candidacy

December 22, 2011
Francesca Jarosz
A Marion County judge has ruled that Secretary of State Charlie White was ineligible to be a candidate and the office should go to Democrat Vop Osili, his challenger in the 2010 election.
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7th Circuit allows Indiana to enforce ban on out-of-state robo-calls

December 22, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has ruled that Indiana is allowed to enforce the statute that restricts out-of-state robo-calls while an appeal on the issue is ongoing.
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Governor appoints Warsaw woman to Judicial Nominating Commission

December 22, 2011
IL Staff
Indiana Gov. Mitch Daniels has appointed Jean Northenor, of Warsaw, to the Indiana Judicial Nominating Commission.
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No easy fix for waning voter interest

December 21, 2011
Jenny Montgomery
Election results highlight lack of civic engagement in Indiana.
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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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Opinions divided on need for phosphorus regulation

December 21, 2011
Jenny Montgomery
Fishing, boating and swimming are popular summer pastimes in Indiana, but increasingly, Hoosiers looking for a relaxing weekend at the lake are being warned to avoid the water altogether due to pollution.
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The state bar honors an environmental leader

December 21, 2011
IL Staff
The ISBA's environmental section recently honored Sen. Beverly Gard, R-Greenfield, for her work on environmental issues.
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Federal incarceration doesn't count toward speedy trial clock

December 20, 2011
Michael Hoskins
The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.
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64 claimants accepted settlement offers stemming from stage collapse

December 20, 2011
Jenny Montgomery
Indiana Attorney General Greg Zoeller announced Monday that 64 of 65 claimants offered settlements in the Indiana State Fair stage collapse have accepted the offers. Checks will be issued by year-end, the AG’s office said, paying out the entire $5 million in tort claim funds the state has available by law.
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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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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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AG wants justices to consider prosecutor disqualification

December 16, 2011
Michael Hoskins
Arguing that prosecutors must face an actual conflict of interest before they can be removed from a case, the Office of the Indiana Attorney General wants the state justices to take the high-profile case of a former state trooper being tried for murders that happened more than a decade ago.
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Governor names new general counsel

December 16, 2011
IL Staff
Gov. Mitch Daniels announced Friday that Anita Kolkmeier Samuel, assistant general counsel and policy director for the governor, has been named general counsel. Samuel replaces David Pippen, who has resigned to accept a position with Indianapolis law firm Bose McKinney & Evans.
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63 claimants will accept settlement in State Fair stage collapse

December 15, 2011
IL Staff
The Office of the Indiana Attorney General has heard from all 65 claimants who were offered settlements stemming from the stage collapse at the Indiana State Fair in August, and 63 will accept the settlements.
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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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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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District judge and state senator to receive honorary BSU degrees

December 12, 2011
IL Staff
U.S. District Judge Tanya Walton Pratt and Indiana Sen. Luke Kenley will receive honorary doctor of laws degrees from Ball State University at its winter commencement Dec. 17.
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Former IURC chairman indicted

December 12, 2011
IL Staff
The former chairman of the Indiana Utility Regulatory Commission, David Lott Hardy, has been indicted by a Marion County grand jury on felony official misconduct charges, the Marion County Prosecutor’s Office announced Monday.
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AG's office begins distribution of funds to State Fair victims

December 7, 2011
IL Staff
The estates of the seven people killed by the stage collapse at the Indiana State Fair in August will receive at least $300,000 each if the offers extended by the state are accepted, Indiana Attorney General Greg Zoeller announced Tuesday.
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Labor law to be key issue in 2012

December 7, 2011
Jenny Montgomery
Indiana legislators disagree about merits of right-to-work legislation.
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Juvenile judge returns from military mission

December 7, 2011
Michael Hoskins
Judge Marilyn Moores spent nearly a year teaching Afghans how to put an agricultural infrastructure in place, helping create a public defense system for that country and strengthening the role women lawyers have in shaping that society for the future.
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We the People state finals Dec. 17 and 18

December 7, 2011
IL Staff
The Indiana Bar Foundation is preparing to host its annual We the People state finals later this month.
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Judge rules on case involving legislative walkout fines

December 6, 2011
Michael Hoskins
A Marion Superior judge has ruled that state courts don’t have the ability to interfere with the Indiana General Assembly’s constitutional authority to pass laws or its own internal rules, including how it compels attendance or imposes fines.
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Former city-county councilor sentenced to 40 months

December 2, 2011
IL and IBJ Staff
U.S. Senior Judge Larry McKinney on Thursday sentenced former Indianapolis City-County Councilor Lincoln Plowman to 40 months in federal prison for attempted extortion and bribery.
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7th Circuit rules on Indiana's prison grievance process

November 23, 2011
Michael Hoskins
Addressing a question for the first time about prison inmate complaints, the 7th Circuit Court of Appeals held that a prisoner's participation in internal affairs investigations isn’t an alternative for the administrative process an inmate must follow in filing a grievance.
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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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