Government

Indiana joins lawsuit over health-care bill

March 29, 2010
IL Staff
The Indiana Attorney General announced today that Indiana will join 13 other states in challenging the recently passed federal health-care law.
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COA rules against voting-systems company

March 29, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.
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Law professor not named as recess appointment

March 29, 2010
Michael Hoskins
A Bloomington law professor tapped for a leading Department of Justice job wasn't among those included in recess appointments during the weekend by President Barack Obama, but the administration hopes that she'll soon be considered for a full Senate vote.
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Governor signs last of legislation

March 26, 2010
IL Staff
The 2010 session of the Indiana General Assembly wrapped up Thursday with Gov. Mitch Daniels signing the remaining legislation pending before him.
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Attorney general may fight health-care bill

March 23, 2010
IL Staff
Indiana Attorney General Greg Zoeller is considering options for legally challenging the federal health-care legislation.
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Democrat stalwart said to be U.S. attorney nominee

March 19, 2010
Scott Olson
The U.S. Attorney's Office in Southern District of Indiana has been without a presidentially appointed U.S. attorney for more than two years - an extraordinarily long stretch for a position that usually can be filled in half that time.
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Magistrate, attorney general bills become law

March 19, 2010
Jennifer NelsonMore

Agencies examine UPLRestricted Content

March 17, 2010
Michael Hoskins
Long before he became Greenwood's police chief, attorney Joe Pitcher recalls sitting as a special judge in town court and facing an Unauthorized Practice of Law case that may be one of few like it in Indiana.
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Legislature's final days bring up merit selection, out-of-state placement issuesRestricted Content

March 17, 2010
Michael Hoskins
Hoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of the session, reviving talk on two issues that have significant impact on the state's judiciary and legal system.
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Senate Judiciary Committee approves JohnsenRestricted Content

March 17, 2010
Rebecca Berfanger
More than a year since she was first nominated to head the Office of Legal Counsel, the U.S. Senate Judiciary Committee March 4 approved Indiana law professor Dawn Johnsen along party lines for the second time.
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German law student chooses Indianapolis firm for unique internshipRestricted Content

March 17, 2010
Michael Hoskins
During the early months of the year you might have found Andreas Wissman clerking at an Indianapolis firm, having dinner at a state appellate judge's home, observing a civil or criminal trial in federal court, or even paging at the Indiana Statehouse. But the well-versed 28-year-old law student isn't a permanent part of the Hoosier legal community.
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RICO case against former East Chicago mayor nets $108M in damagesRestricted Content

March 17, 2010
Michael Hoskins
A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages for a voting scandal a decade ago, but in doing so he's rejected the Indiana Attorney General's most novel and far-reaching legal arguments in a landmark civil racketeering case centered on public corruption in East Chicago.
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Boy can't sue for lack of probable cause

March 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.
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Legislature's end suspenseful for legal community

March 15, 2010
Michael Hoskins
As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.
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Racketeering case nets $108 million in damages

March 12, 2010
Michael Hoskins
A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages on a civil racketeering case, but in doing so he's rejected the Indiana Attorney General's most novel and far-reaching legal arguments centered on public corruption in East Chicago.
More

Lawmakers miss self-imposed deadline

March 12, 2010
Jennifer Nelson
The Indiana General Assembly tried to end the session more than a week before the constitutional March 14 deadline, but impasses on school funding and unemployment insurance caused the legislators to miss their March 4 self-imposed deadline.
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BREAKING: Panel OKs magistrate's nomination

March 11, 2010
Michael Hoskins
The Senate Judiciary Committee has voted in favor of U.S. Magistrate Judge Jane E. Magnus-Stinson's nomination for a federal judgeship.
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Indy magistrate gets Senate panel's approval

March 11, 2010
Michael Hoskins
An Indianapolis federal magistrate joins two of her colleagues in getting a U.S. Senate committee's approval to become an Article III judge for Indiana.
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Lawmakers mull veto override on merit selection

March 11, 2010
Michael Hoskins
Vetoed legislation that would scrap St. Joseph County's merit selection for judicial elections and also add a new three-judge panel to the Indiana Court of Appeals is back in play.
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Law firms called to fight hunger

March 10, 2010
IL Staff
The law is a competitive profession, and the attorney general wants attorneys to channel that competition to fight hunger in Indiana.
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Vote expected on Indiana federal magistrate

March 10, 2010
Michael Hoskins
A U.S. Senate committee is expected to discuss and vote Thursday on an Indianapolis federal magistrate judge's nomination for a judgeship in the Southern District of Indiana.
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SCOTUS declines death row inmate's appeal

March 8, 2010
Michael Hoskins
The nation's highest court has declined to accept a death row inmate's case, leaving intact an Indiana judge's ruling that OK'd a federal prison policy banning face-to-face interviews with reporters.
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Justice ponders importance of party-line vote

March 5, 2010
Michael Hoskins
As the Indiana Supreme Court justices considered the constitutionality of the state's voter ID law this week, one jurist wondered how much the legislative process might factor into the court's analysis of whether a statute is constitutional.
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Houses active as session nears end

March 5, 2010
IL Staff
As this year's legislative session winds down, several bills of interest to the legal community have made it through both houses, but many remained stuck in conference committee Thursday.
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BREAKING: Senate panel OKs Johnsen

March 4, 2010
Michael Hoskins
Dawn Johnsen, nominated to be a key legal advisor for the president, was approved 12-7 along party lines by the U.S. Senate Judiciary Committee. Also, two of the three Indiana judicial nominees for the federal bench have gotten a green light from the committee.
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  1. 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

  2. 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!

  3. 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.

  4. 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.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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