Government

Judge's collection inspired military museum in Vincennes

December 8, 2010
Rebecca Berfanger
After starting his collection of World War II memorabilia as a child, almost three decades ago a judge in southern Indiana had amassed enough artifacts, including jets and tanks, to open a museum in Vincennes.
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Settlement reached on foster care rates

December 8, 2010
Michael Hoskins
The Indiana Department of Child Services has agreed not to cut subsidies for foster and adoptive parents and other caregivers as part of a class-action settlement in federal court.
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Social-services recipients entitled to injunctive relief

December 3, 2010
Jennifer Nelson
The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.
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Attorney general wants to rewrite civil forfeiture law

November 30, 2010
IL Staff
Indiana Attorney General Greg Zoeller is asking legislators to make changes to the state’s civil forfeiture law during the 2011 session. He wants to work with lawmakers to create and pass a bill that establishes a formula on how forfeitures would be distributed and enacts stricter regulations on the use of outside counsel to file civil forfeiture actions on behalf of prosecutors.
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ALJ didn't inform vocational expert on the totality of claimant's limitations

November 29, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a District Court’s upholding of the Social Security Administration’s denial of a woman’s application for benefits because the Administrative Law Judge erred by not including her moderate limitation on concentration, persistence, and pace in the hypothetical he posed to a vocational expert.
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AG's involvement questioned in prosecutor forfeiture suit

November 24, 2010
Michael Hoskins
The Indiana Attorney General’s Office plans to “zealously defend” 78 prosecutors being sued over civil forfeiture collection practices, meaning the state courts will likely have to analyze not only the merits of that issue but also whether two separate state statutes restrict how Indiana’s top attorney can intervene in this taxpayer-filed qui tam lawsuit.
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Court programs, economy among focuses of foreclosure conference

November 24, 2010
Rebecca Berfanger
When it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
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Johnsen speaks publicly for first time in 2 years

November 24, 2010
Rebecca Berfanger
Two years ago this month, an Indiana University Maurer School of Law professor was named to the transition team of President Barack Obama, not quite knowing where that experience would lead.
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Programs target older foster youth

November 24, 2010
Rebecca Berfanger
For foster youth who are about to age out of the system or have already done so, there often is no support system. That decreases one’s chance of getting a good education and increases the likelihood that the former foster youth will end up homeless or become involved in illegal activity and be arrested after aging out.
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General Assembly ready for new session's business

November 24, 2010
Michael Hoskins
With a new legislative session on the horizon, the Indiana General Assembly is going to be one to watch as it likely tackles a multitude of issues influencing the state’s legal community.
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Death and tax uncertainty

November 24, 2010
Michael Hoskins
These days, it feels as though Uncle Sam is laughing at estate planning and wealth transfer attorneys.
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AG holds first criminal justice summit on death penalty costs

November 24, 2010
Michael Hoskins
In what was the first of its kind in Indiana, the state Attorney General’s Office held a criminal justice summit at the University of Notre Dame this month to examine the critical issues the legal system faces from capital cases where the death penalty is utilized.
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Johnsen to discuss confirmation process, rule of law Friday

November 18, 2010
IL Staff
For the first time since she was nominated to a post in the Department of Justice, Dawn Johnsen will give a public lecture at Indiana University Maurer School of Law in Bloomington on Friday.
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Legislators meet for Organization Day

November 16, 2010
Jennifer Nelson
Today is the 2011 Organization Day for Indiana lawmakers, typically a ceremonial day. But one tradition was slightly altered due to Secretary of State Todd Rokita’s absence.
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ATC chairman stepping down

November 10, 2010
IL Staff
P. Thomas Snow, a former judge in Wayne County, is resigning as chairman of the Alcohol & Tobacco Commission.
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Human trafficking cases on the rise in Indiana

November 10, 2010
Rebecca Berfanger
While it may still be an issue under the radar of many Hoosiers, human trafficking seems to be thriving in Indiana.
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New national act would address adult guardianship matters

November 10, 2010
Michael Hoskins
New law changes are on the horizon in order to create more uniform guardianship laws throughout the country and reduce conflicts between states.
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'Greening Statehouse' event at IU-Indy

November 3, 2010
IL Staff
The Hoosier Environmental Council’s third annual “Greening the Statehouse” happens Saturday at Indiana University School of Law – Indianapolis.
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Commission on Courts makes recommendations

October 27, 2010
Michael Hoskins
As the interim legislative calendar wound down to make way for the next Indiana General Assembly session, the Commission on Courts has made recommendations on new court requests and discussed issues that impact funding and structure of statewide trial courts.
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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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Marion County prosecutor candidates face off

October 13, 2010
Rebecca Berfanger
The two candidates for Marion County prosecutor faced each other at their alma mater, Indiana University School of Law – Indianapolis, Sept. 29, in a debate sponsored by the Republican Law Coalition, the Democratic Law Society, and the Criminal Law Association of the law school.
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Anti-piracy legislation tackles IP enforcement

October 13, 2010
Michael Hoskins
The notion of pirates pillaging treasures and bartering it on the high seas isn’t that far fetched for Indianapolis intellectual property attorney Jonathan Polak.
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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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ISBA panel still studying ALJ issues

October 13, 2010
Michael Hoskins
Gov. Mitch Daniels fired the state’s top utility regulator recently, citing ethical concerns about how a now-former administrative law judge presided over cases involving a regulated energy company leading up to his taking a job there.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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