Indiana Supreme Court

Revising rules on agency lawyers

March 30, 2011
Michael Hoskins
Attorneys from outside Indiana should know this: The process for practicing before state administrative agencies, even temporarily, is changing and may impact your ability to practice law in this state.
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4 Indiana justices testify on state budget

March 29, 2011
Michael Hoskins
Four of the Indiana Supreme Court justices testified before the Senate Appropriations Committee Monday night, talking to lawmakers specifically about the need for an appellate case management system, more funding for public defense, and continued fairness in how judicial officers and prosecutors are paid throughout the state.
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Justices: Belated appeals rule doesn’t apply to probation revocations

March 29, 2011
Michael Hoskins
The Indiana Supreme Court has put its stamp of approval on an intermediate appellate panel’s ruling last year, finding that the state’s existing Post-Conviction Rule 2 that allows for belated appeals on certain criminal cases doesn’t apply to probation revocations.
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Justices accept post-conviction relief case

March 21, 2011
Jennifer Nelson
The Indiana Supreme Court will decide whether a man convicted of murder and rape was denied effective assistance of appellate counsel.
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Former auditor wins appeal on attorney fee issue

March 18, 2011
Michael Hoskins
The Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate court.
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Rules being reviewed on temporary out-of-state attorney admission

March 17, 2011
Michael Hoskins
The Indiana Supreme Court is reviewing the rules on how out-of-state attorneys receive temporary admission to practice law before state administrative executive agencies.
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Disciplinary Actions - March 16, 2011

March 16, 2011
IL Staff
Read about recent disciplinary actions ordered by the Indiana Supreme Court.
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Court declines Medicaid appeal

March 16, 2011
IL Staff
A divided Indiana Supreme Court declined to accept a case asking whether Medicaid rejected applicants can include information on appeal that wasn’t included in their initial applications.
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High court taking public defender applications

March 16, 2011
IL Staff
The Indiana Supreme Court is now accepting applications for state public defender. The current state public defender, Susan Carpenter, is retiring in May.
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Habeas proceeding stays execution

March 16, 2011
Michael Hoskins
A federal judge has postponed the April execution of a St. Joseph County man convicted of killing his wife, her ex-husband, and her son.
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High court takes 4 cases

March 15, 2011
IL Staff
The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.
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High court taking applications for state public defender

March 11, 2011
IL Staff
The Indiana Supreme Court is now accepting applications for state public defender. The current state public defender, Susan Carpenter, is retiring in May.
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Trial court should decide educational credit time

March 11, 2011
Jennifer Nelson
A trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
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Johnson County Historical Society gets legal history grant

March 7, 2011
IL Staff
The Johnson County Historical Society has been awarded an Indiana Legal History Grant by the Indiana Humanities Council and the Indiana Supreme Court, the council announced today. The $2,000 award will fund projects and research to increase the understanding of the legal history of the county among those served by the county courts.
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Brizzi discipline case could set new prejudice standard

March 4, 2011
Michael Hoskins
The Indiana Supreme Court’s Disciplinary Commission wants to set a new standard of “actual prejudice” for attorney misconduct. In making that argument, the validity of two high-profile murder convictions that Carl Brizzi secured during his time as prosecutor in the state’s largest county are being questioned.
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Investiture set for new tax judge

March 2, 2011
IL Staff
Indiana Tax Court Judge Martha Blood Wentworth’s formal robing ceremony will be held at 10:30 a.m. March 8 in the Indiana Supreme Court courtroom. Judge Thomas Fisher will preside over the ceremony.
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Court weighs needs when timing judicial suspensions

March 2, 2011
Michael Hoskins
When deciding that a judge must be suspended and determining when that time off the bench should be, decision-makers must maintain a delicate balance.
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Disciplinary dividing line = R-E-S-P-E-C-T

March 2, 2011
Michael Hoskins
Two recent rulings by the Indiana Supreme Court send a message to any attorney who might be accused of misconduct and face disciplinary proceedings.
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Judicial panel promotes civic education

March 2, 2011
Michael Hoskins
The Indiana Supreme Court hosted a panel discussion recently to discuss the broad topic of judicial independence, taking a lesson about how the courts operate to an Indianapolis college campus.
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Change sought for 3rd murder trial

March 2, 2011
Michael Hoskins
Defense attorneys for former Indiana State Police trooper David Camm have asked the state’s intermediate appellate court to accept an interlocutory appeal and decide whether a special judge should have appointed a new prosecutor to preside over the man’s third trial.
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High court takes 4 cases

February 28, 2011
IL Staff
The Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on the day they granted transfer.
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High court seeks comment on foreclosure practices

February 25, 2011
IL Staff
The Indiana Supreme Court is accepting comments from the public on the proposed “Mortgage Foreclosure Best Practices” guidelines.
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Justices accept certified question on misdemeanor voting

February 24, 2011
Jennifer Nelson
The Indiana Supreme Court has taken a question proposed by a federal court in a suit challenging the law that prevents voting by people with misdemeanor convictions.
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Justices appoint pro temp judge for Marion County traffic court

February 22, 2011
IL Staff
The Indiana Supreme Court has appointed Indianapolis attorney Jane H. Conley as Judge Pro Tempore in Marion Superior Court, according to a Feb. 16 order posted on the court’s website this week.
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Book focuses on state's justices

February 18, 2011
IL Staff
Indiana Supreme Court history buffs have a new book to read. The Indiana Historical Society Press has published “Justices of the Indiana Supreme Court,” which explores the lives of the state’s 106 justices.
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  1. 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)

  2. "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.

  3. 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.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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