Government

Governor: 1-year cooling off period applies to ALJs

October 5, 2010
Michael Hoskins
The governor today fired the state's top utility regulator, citing ethical concerns about how a former Administrative Law Judge presided over cases involving a regulated energy company leading up to his taking a job there.
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Hogsett confirmed as U.S. Attorney

September 30, 2010
Michael Hoskins
Indianapolis attorney Joe Hogsett has gotten approval from the full Senate to be the next U.S. Attorney for the Southern District of Indiana.
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Medicaid applicants facing 'tremendous hurdles'?

September 29, 2010
Rebecca Berfanger
When filing a claim for Medicaid disability benefits, the process sounds straightforward: Complete an application that includes all disabilities that would make the case that you deserve the benefits. If your application is deemed sufficient by a Medicaid Medical Review Team, you get the benefits. If not, you receive a one- or two-page letter that includes information about how you can appeal.
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Judicial selection process has no formula

September 29, 2010
Michael Hoskins
Selecting a new Indiana Supreme Court member is a transparent process until it reaches the governor, and then the action moves behind closed doors and the legal community is left holding its collective breath until learning who will be the state’s next justice.
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Exclusive: DeLaney speaks about attack, civility

September 29, 2010
Michael Hoskins
If he hadn’t become a lawyer nearly four decades ago, Indianapolis attorney Ed DeLaney knows that choice could have prevented the attack that he believed was going to end his life.
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Juvenile reform continues after '09 summit

September 29, 2010
Rebecca Berfanger
No follow-through. That was a complaint voiced by attendees of last year’s summit to discuss juvenile justice matters in Indiana about many similar conferences they’d attended before: there was no follow-through.
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7th Circuit mulls adult-business laws

September 29, 2010
Michael Hoskins
The 7th Circuit Court of Appeals is considering whether a Southern District of Indiana judge correctly weighed evidence in granting a preliminary injunction that stopped Indianapolis from enforcing a 2002 ordinance regulating adult-business hours.
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Candidates for Marion County prosecutor debate Wednesday

September 28, 2010
IL Staff
Marion County Republican prosecutor candidate Mark Massa and Democratic candidate Terry Curry will discuss their positions on various topics at a debate tomorrow.
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Indiana co-authors amicus brief in Prop 8 case

September 27, 2010
Jennifer Nelson
Indiana is one of four states that have written an amicus brief asking the 9th Circuit Court of Appeals to overturn a California judge’s ruling that would lift the ban on same-sex marriages.
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Senate panel OKs Indy attorney for U.S. Attorney

September 16, 2010
Michael Hoskins
An Indianapolis attorney has gotten the approval of a key congressional judiciary panel to become the new U.S. Attorney for the Southern District of Indiana.
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Attorney found guilty but mentally ill in attack

September 16, 2010
Jennifer Nelson
A Hamilton County jury found an attorney guilty but mentally ill on the five counts he faced following his attack on a state representative nearly a year ago.
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Wind energizing state

September 15, 2010
Rebecca Berfanger
Taking a drive on Interstate 65 just north of Lafayette, it’s hard to miss the many wind turbines along the highway. As wind power continues to gain momentum in Indiana, and as more counties change their zoning ordinances to include wind turbines, this will likely be a sight in more counties, especially in the northern part of the state.
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Lawyer-legislator's attacker on trial

September 15, 2010
Michael Hoskins
The man accused of attacking a lawyer-legislator last year because of a 23-year-old legal dispute is on trial in Hamilton Superior Court, facing multiple felony charges and potentially 100 years or more in prison.
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Senate panel to consider Indy lawyer for U.S. Attorney

September 14, 2010
Michael Hoskins
A key Congressional judiciary panel is scheduled to decide this week whether the nomination of an Indianapolis attorney for U.S. Attorney for the Southern District of Indiana should proceed to the full Senate for a vote.
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Justices: BMV can require names to match SSA records

September 10, 2010
Jennifer Nelson
The trial court was correct to find that the public interest in preventing fraudulent use of driver’s licenses trumps some people’s desire to have their commonly used names on their licenses, the Indiana Supreme Court ruled today.
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No qualified immunity for city in racially motivated promotions

September 10, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the denial of the motion of qualified immunity filed by the City of Indianapolis and several officials in a suit filed by three white police officers who claim they were passed over for promotions because of their race.
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Accused attorney attacker’s trial begins

September 7, 2010
IL Staff
The trial of the attorney who allegedly attacked a state representative last year began today in Hamilton County.
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Economic espionage case full of intrigue

September 1, 2010
Cory Schouten
The government's allegations read like a spy novel: Dr. Ke-xue "John" Huang lands a job at Indianapolis-based Dow AgroSciences and over five years works himself into a position of trust, with access to trade secrets and processes the company has invested $300 million to develop.
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Appeals court hears back-pay arguments

September 1, 2010
Michael Hoskins
Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.
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Book recounts '08 presidential race

September 1, 2010
IL Staff
An Indiana lawyer intimately involved in Barack Obama’s presidential run has written a book about the campaign and how the consistently Republican state went Democrat for the first time since 1964.
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'Social business' among discussions

September 1, 2010
Rebecca Berfanger
This year’s Program on Law and State Government at Indiana University School of Law – Indianapolis Oct. 1 will focus on three main topics for lawyers, businesses, legislators, government employees, and academics: education about entrepreneurship at the undergrad, graduate school, and law school levels; the idea of “social businesses,” also known as L3Cs or low profit limited liability companies; and how government entities use data to improve services to citizens.
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Justice: Fee hike could mean statewide case management system by 2017

August 26, 2010
Michael Hoskins
If lawmakers during the next legislative session increase a statewide court fee an extra $3, Indiana Supreme Court Justice Frank Sullivan believes the state can fully implement a case management system in all county courts by June 30, 2017.
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20 years of rights under the ADA

August 18, 2010
Rebecca Berfanger
While many people might take it for granted that accessibility for all people is now commonplace and that it is illegal to discriminate against an employee based on a disability, the Americans with Disabilities Act was signed only 20 years ago.
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Attorneys general at the state fair

August 18, 2010
Rebecca Berfanger
While some things are new this year at the Indiana State Fair, one that most fairgoers will likely not even notice is the recently enhanced partnership between the state attorney general’s office and the state fair.
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Indiana tunes in to national issues in federal courts

August 18, 2010
Michael Hoskins
What happens in Indiana regarding illegal immigration, same-sex marriage, and health-care reform may hinge on what happens with litigation playing out in the nation’s appellate courts.
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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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