Indiana Trial Courts

Judges address first impression issue on attorney fees

February 18, 2011
Jennifer Nelson
For the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
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Judge affirms retaining charges but finds criminal prosecution unjust

February 18, 2011
Jennifer Nelson
An Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of violating several city ordinances after her dogs attacked two people.
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Supreme Court hears arguments in victims' advocates subpoena case

February 17, 2011
Rebecca Berfanger
The Indiana Supreme Court heard oral arguments today involving the subpoena of records from a domestic violence agency by a defendant who had been charged with two counts of Class A felony child molesting.
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Mandatory retirement, unified court bills still alive

February 17, 2011
Jennifer Nelson
The bill that would end a mandatory retirement age for certain judges and the bill that would unify Clark County courts are ready for third reading in their respective houses.
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Appeals court will hear challenge in Simon case

February 16, 2011
Cory Schouten
The Indiana Court of Appeals has agreed to hear an appeal from the widow of the late Melvin Simon, putting on hold a legal dispute over the mall magnate's more than $2 billion estate.
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Supreme Court suspends judge for 30 days

February 15, 2011
Michael Hoskins
A 30-day unpaid suspension begins next week for Marion Superior Traffic Judge William Young, though the chief justice expects the Indiana Supreme Court would have issued a lengthier sanction if a settlement had not been reached in the misconduct case.
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Traffic judge's suspension begins Feb. 22

February 14, 2011
Michael Hoskins
A 30-day suspension without pay begins next week for Marion Superior Traffic Judge William Young.
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JTAC fee bill amended, other bills moving

February 11, 2011
IL Staff
The Senate bill aimed at increasing the automated record-keeping fee to pay for a statewide case management system made it out of committee, but not before legislators decreased the fee beginning this year.
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Justices find statute doesn't apply to landfill facility

February 10, 2011
Jennifer Nelson
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
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Man gets 10 years for human trafficking

February 10, 2011
Jennifer Nelson
The first person convicted of human trafficking in Marion County has received 10 years on the charge.
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Fundraiser to benefit Legal Aid in Tippecanoe County

February 8, 2011
IL Staff
The Legal Aid Outback lunch and auction will be held Feb. 23 at Outback Steakhouse in Lafayette. Proceeds from the event benefit Legal Aid Corporation of Tippecanoe County, a nonprofit that provides low-cost legal assistance to low-income county residents on family law matters.
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JTAC fee, Clark County courts bills before committees

February 7, 2011
Jennifer Nelson
A bill that would increase the automated record-keeping fee to pay for implementation of a statewide case-management system and a bill that proposes to create a unified Circuit Court in Clark County are just two of the bills before committees this week in the Indiana General Assembly.
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Justices to hear negligence case at IU-Indy

February 7, 2011
IL Staff
The Indiana Supreme Court will hold oral arguments in a case alleging negligence against the Putnam County sheriff Tuesday at Indiana University School of Law - Indianapolis.
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COA reverses father's visitation of adopted daughter

February 7, 2011
Jennifer Nelson
Although one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case to “avoid equally unjust results in future cases.”
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Unified courts, judicial nomination bills move

February 3, 2011
Jennifer Nelson
Several bills of impact on the courts saw action this week before the Indiana General Assembly shut down for two days after a winter storm hit the state.
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Knightstown Town Court judge resigns, New Castle lawyer takes bench

February 2, 2011
IL Staff

Knightstown Town City Judge Lewis Hayden Butler resigned from the bench on Monday and the Indiana Supreme Court has appointed New Castle attorney Joseph Lansinger to take that seat.

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Many courts shut down due to weather

February 2, 2011
IL Staff
Several courts around the state are closed today after heavy snow and ice hit Indiana this week. The weather has even caused the Indiana General Assembly to postpone hearings for a second day.
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Indiana courts to host judicial independence panel discussion

February 1, 2011
Michael Hoskins
The Indiana Supreme Court is hosting a panel discussion in mid-February to discuss the broad topic of judicial independence and how courts operate in our democracy, and it’s turning to the online and social media world to help shape how the event unfolds.
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Marion County has first human trafficking conviction

January 26, 2011
IL Staff
The conviction of a man on human trafficking charges Tuesday is the first time the Marion County Prosecutor’s Office has convicted someone on that charge since the state’s human trafficking law was enacted in 2007.
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Law firm files class-action lawsuit for estate planning UPL

January 25, 2011
Michael Hoskins
A Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys estimate could be $10 million to $20 million in damages.
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Federal act preempts state law claims

January 25, 2011
Jennifer Nelson

The Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.

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Court's community-service policy is unenforceable

January 25, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court’s order that an indigent small claims litigant perform community service in lieu of paying a filing fee, holding the informal local rule requiring community service is unenforceable.
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ALJ, problem-solving courts bills moving

January 24, 2011
IL Staff
A House bill dealing with problem-solving courts and a Senate bill that involves administrative proceedings and administrative law judge disqualifications have made it out of their respective judiciary committees.
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Jasper County joins Odyssey

January 24, 2011
IL Staff
Jasper County became the state’s 26th county to go live on the Indiana Supreme Court’s Odyssey case management system. The county’s courts and clerk’s office joined the system Jan. 21, bringing the total of courts on Odyssey to 81.
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Committee postpones discussion on judicial complex

January 21, 2011
IL Staff
The Marion Superior Executive Committee has postponed until Jan. 28 discussion of a new county judicial complex.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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