Government

Symposium focuses on law, energy policy

September 14, 2009
IL Staff
The 2009 Program on Law and State Government Fellowship Symposium will address state law and energy policy Oct. 2 at Indiana University School of Law - Indianapolis.
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Lawmaker wants additional judge for Indiana

September 10, 2009
Michael Hoskins
A bill proposed this week would add a new federal judgeship to the Southern District of Indiana, a recommendation that's been pitched for years but has failed to garner enough legislative support.
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Indiana funds want SCOTUS review

September 4, 2009
Michael Hoskins
Three Indiana pension and construction funds are asking the Supreme Court of the United States to reconsider their objections to the Chrysler bankruptcy proceedings that earlier this year resulted in the sale of most of the American automaker's assets to an Italian company.
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Governor appoints public access counselor

September 3, 2009
IL Staff
Carmel attorney Andrew J. Kossack has been appointed state public access counselor, Gov. Mitch Daniels announced Wednesday.
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Amendment doesn't affect sentence

September 1, 2009
Jennifer Nelson
Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.
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Justices deny sex offender park ban case

August 21, 2009
Michael Hoskins
The Indiana Supreme Court has declined after nine months to accept a case asking whether registered sex offenders can be banned from parks and recreational areas.
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IDEM could fire employee for ethics violation

August 17, 2009
Jennifer Nelson
The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.
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No Brady violation in sex-sting case

August 13, 2009
Jennifer Nelson
A defendant failed to show there was a Brady violation in his trial for enticing who he thought was an underage girl he met on the internet, the 7th Circuit Court of Appeals ruled today.
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Judges: amendment not retroactive

August 11, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals ruled today that an estate's interpretation of a 2003 amendment to Indiana Code would threaten the fiscal health of governmental entities and that the amendment isn't retroactive.
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Court upholds out-of-state juvenile placement

August 10, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to out-of-state facilities from DCS to the counties.
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District Court erred in drug sentence

July 31, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals vacated a man's sentence for conspiracy to distribute methamphetamine because the District Court failed to figure out the quantity of the drug reasonably attributable to the defendant.
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Court: Suit doesn't belong in federal courtRestricted Content

July 28, 2009
Jennifer Nelson
In a ruling that could impact pending litigation involving Indiana Protection and Advocacy Services, the 7th Circuit Court of Appeals decided the agency doesn't have standing to bring suits in federal court.
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Judge awards $42 million in back pay suit

July 28, 2009
Michael Hoskins
A Marion Superior judge is awarding more than $42.4 million to a class of thousands of former state employees who sued to recover back pay for unequal wages earned between 1973 and 1993.
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Senate hearing Wednesday for nominated lawyer

July 28, 2009
IL Staff
The U.S. Senate Committee on Environment and Public Works will hold a full hearing at 10 a.m. Wednesday on the nomination of Indianapolis attorney John R. Fernandez to be Assistant Secretary of Commerce for Economic Development in the U.S. Department of Commerce.
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Apartment creates issue of first impression

July 27, 2009
Jennifer Nelson
In an issue of first impression, the Indiana Tax Court decided housing owned by a non-profit that receives governmental subsidies to rent to low- and moderate-income people at below-market rates is not property used for a charitable purpose.
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Counties test expanded protective order registry

July 24, 2009
IL Staff
Eight Indiana counties will be the first to use the state's expanded electronic protective order registry. The expansion is a result of a partnership between the Indiana Supreme Court, law enforcement, clerks, and domestic violence groups.
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Mentally ill prisoners suit dismissal denied

July 23, 2009
Jennifer Nelson
A federal judge has denied the Indiana Department of Correction's motion to dismiss a suit brought last year that challenges the DOC's practices and programs regarding mentally ill patients.
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COA declines ruling on constitutionality of plan

July 22, 2009
Jennifer Nelson
The Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality of the program.
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Chief justice honored for helping those in need

July 20, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard received the Administration on Children, Youth and Families Commissioner's Award for Indiana from the U.S. Department of Health and Human Services.
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Magistrate advises denial of sheriff's motions

July 16, 2009
Jennifer Nelson
A magistrate judge has recommended that the Marion County Sheriff's motions to dismiss a complaint against him be denied. A suit was filed following the death of an inmate who didn't receive his needed medicine
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Judges: Town ordinance invalid

July 14, 2009
Jennifer Nelson
The Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the authority to collect the fee within its corporate limits.
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Township assessor loses appeal

July 13, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted a bill that eliminated her office and transferred her duties to the county assessor.
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President Obama taps Indianapolis attorney

July 7, 2009
Michael Hoskins
An Indianapolis attorney is President Barack Obama's newest nomination for a key administration post within the Department of Commerce.
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Shutdown wouldn't cripple legal system

June 30, 2009
Michael Hoskins
As the clock ticked closer to a partial shutdown of state government, the Hoosier legal community received word this afternoon from the Indiana Supreme Court that trial courts should conduct business as usual and that the state's legal system would continue as much as possible if lawmakers fail to pass a budget by deadline.
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Court: counties responsible for GAL, CASA fees

June 30, 2009
Michael Hoskins
In a significant opinion about the funding of child welfare cases, the Indiana Court of Appeals ruled today that any guardian ad litem or Child Appointed Special Advocate fees associated with a child in need of services case must be paid by the county and not the state agency that lawmakers gave more oversight power to in the past year.
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