Indianapolis Bar Association

IBA: Trial Judges No Longer Required to Retire

August 3, 2011
From IndyBar
I had this dream for retirement when I got elected judge: I would work until I was 68, near when I would be forced to retire by mandatory retirement (assuming the voters thought I was still doing a good job through each of my re-elections), fade off the scene to my boat on Lake Cumberland, maybe work in the winter part time as an usher or scorekeeper for the Pacers or Colts, read U.S. history books, see a musical or play every once in awhile, and generally ignore any pleas for money from my then-adult kids.
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Michael J. Hebenstreit: Life Rushing By

August 3, 2011
Michael Hebenstreit
Life moments. Some may be an accomplishment (winning a big trial), a disappointment, a funeral or a seemingly insignificant event. We all have them—some good, some not so good, but they are those events that for some reason stick with us for a lifetime.
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IBA: Insurance Practices in Commercial Real Estate Loans

August 3, 2011
From IndyBar
Requesting appropriate insurance coverages and obtaining certificates of insurance verifying such coverages are in place may be one of the least understood, and thereby, among the most overlooked issues in commercial real estate loan transactions.
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IBA: Providing Benefits to Same-Gender Partners Can Be Taxing

August 3, 2011
From IndyBar
More than a dozen states and the District of Columbia now recognize same-sex relationships under various names, such as domestic partnerships, civil unions, or same-gender marriages.
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IBA: New Law Restricts Access to Criminal Records

August 3, 2011
From IndyBar
There is a misconception among even the most educated of criminal clients that arrests, charges and convictions disappear off of one’s Indiana criminal record after a passage of time. This is not the case.
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IBA Frontlines

August 3, 2011
From IndyBar
Read recent news from the IBA.
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IBA: A Review of 2011 Criminal Law Legislation

July 20, 2011
From IndyBar
What looked early in 2011 like a blockbuster year for sentencing reform fizzled into a legislative session with mostly tinkering in the criminal law realm.
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IBA: How To Fire An Employee

July 20, 2011
From IndyBar
The purpose of this article is to set out guidelines which can help to make the tooth drilling process a little easier, both for you and the terminated individual.
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IBA: Lawyer Links Classic

July 20, 2011
From IndyBar
Photos from the IBA's Lawyer Links Classic.
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Hebenstreit: A Special Celebration of Being an American

July 20, 2011
Michael Hebenstreit
What does the 4th of July mean to you?
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IBA: Lawyer Advertising: The Truth May Not Set You Free

July 6, 2011
Indiana’s new advertising rules apply to more than just billboards and Yellow Page ads. Rule 7.2(a) of the Rules of Professional Conduct defines “advertising” as “any manner of communication partly or entirely intended or expected to promote the purchase or use of professional services.” That means that the advertising rules may cover communications on your website, your blog and even on your Facebook page.
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IBA: Indiana Legislature Passes New Guardianship Laws

July 6, 2011
The Indiana legislature passed several new guardianship laws in the 2011 legislative session which impact guardianships of minor children and incapacitated adults.
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IBA: WLD Summer Reception

July 6, 2011
View photos from the IndyBar Women and the Law Division reception.
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Editorial: IndyBar - Your Source for Information

July 6, 2011
Back in the day, even before I joined the IndyBar staff, there was a singular method for communicating with our members. Known as the Bulletin, it was a printed elongated postcard readily identified for its unique size and concise information.
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IBA Frontlines

July 6, 2011
Read about what is happening on the frontlines of the IBA.
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Groups seek nominations for 2011 awards

June 24, 2011
IL Staff
Several Indiana legal organizations are accepting nominations for awards given by their groups. All have July deadlines.
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IBA: McGoff Named Chair of Nominating Committee

June 22, 2011
From IndyBar
The nomination period has begun for the 2012 Board of Directors of the Indianapolis Bar Association, and Kevin McGoff of Bingham McHale has been appointed to chair the effort.
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IBA: Nod to professionalism

June 22, 2011
From IndyBar
Chris Scanlon has earned the reputation as an adept litigator of complex cases.
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IBA: Helping Clients Give Children a Home

June 22, 2011
From IndyBar
Staff attorney Laurie Goggins at Indianapolis Legal Aid Society Inc. writes about helping clients become guardians.
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Hebenstreit: My, it goes by so quickly!

June 22, 2011
Michael Hebenstreit
Michael Hebenstreit writes about Julie Armstrong's 20th anniversary with the IBA.
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IBA Frontlines

June 22, 2011
From IndyBar
Read the IBA Frontlines for June 22, 2011.
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IBA: Bench Bar 2011

June 22, 2011
See photos from the 2011 IndyBar Bench Bar Conference.
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IBA: Nod to professionalism; Jarrell B. Hammond

June 8, 2011
From IndyBar
Jarrell B. (“Jerry”) Hammond, a partner at Lewis & Wager, LLP epitomizes the courteousness and character that form two of the Standards of Professionalism of the Indianapolis Bar Association.
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IBA: Search Begins for the Future Bar Board Members

June 8, 2011
From IndyBar
The depth of talented leaders within the Indianapolis Bar Association is well known in bar association circles around the country.
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IBA: AIB Touted as 'Best Alternative'

June 8, 2011
From IndyBar
Whether you are a sole practitioner or the managing partner of one of Indy’s largest law firms, the IndyBar’s Attorneys for an Independent Bench (“AIB”) may be the best alternative to support judicial candidates in the 2012 elections for Marion Circuit and Superior Courts.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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