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Indiana State Fair tragedy renews cap debate

October 12, 2011
Michael Hoskins
Indiana attorneys and legislators are embarking on a broader discussion about the state’s current tort claim cap and whether that decades-old limit is adequate to address the scope of this situation.
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Rule revision aims to broaden use of limited scope representation

October 12, 2011
Michael Hoskins
The Indiana Supreme Court revised the Indiana Rules of Trial Procedure to allow pro se litigants and other potential clients to use limited scope representation more often and without some of the restraint they’ve had in the past.
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Mergers increase following dry spell

October 12, 2011
Jenny Montgomery
More firms unite in 2011, seeking to broaden reach.
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As season ends, lawyers look to revive interest in softball league

October 12, 2011
Jenny Montgomery
Eight teams participated in the annual softball league this year, but diehard players say that they’d like to see more teams next season.
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Guidance offered on incarcerated parents' attendance at termination hearings

October 11, 2011
Michael Hoskins
Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.
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State justices accept certified question

October 11, 2011
Michael Hoskins
The Indiana Supreme Court will consider a certified question from federal court concerning disability pension funds for police and firefighters who are already eligible and receiving benefits governed by Indiana statute.
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Justices take FSSA reimbursement case

October 11, 2011
IL Staff
The Indiana Supreme Court has granted transfer to a case in which the Indiana Court of Appeals ordered a state agency to pay a long-term care facility after the agency terminated its contract with the facility.
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SCOTUS won't take Indiana bar exam case

October 11, 2011
Michael Hoskins
The Supreme Court of the United States has declined to take several Indiana cases, including a federal suit against the state’s Board of Law Examiners filed by a man who wants to take the bar exam without going to law school.
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ACLU raising funds to support outreach efforts

October 11, 2011
IL Staff
The American Civil Liberties Union of Indiana has launched a three-year drive to raise funds for educating Indiana residents about human and constitutionally guaranteed rights and freedoms and to lead the fight against violations of those rights.
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Legislative study committee to discuss UPL

October 10, 2011
Jennifer Nelson
The Indiana Probate Code Study Commission, which meets for the first time this year on Wednesday, will focus on three items at its meeting, including the unauthorized practice of law.
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Securities law conference Oct. 18

October 10, 2011
IL Staff
The Indiana Continuing Legal Education Forum will host a conference on securities law from 8:30 a.m. to 4:30 p.m. Oct. 18 at the ICLEF Conference Facility, 230 E. Ohio St., 5th floor, Indianapolis.
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Deadline approaching for criminal justice grant

October 10, 2011
IL Staff
On Sept. 30, the Bureau of Justice Assistance announced an award of $4,423,859 for the Indiana Criminal Justice Institute Edward Byrne Memorial Justice Assistance Grant (JAG). The deadline to apply for JAG funds is Oct. 31.
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COA affirms jury's rejection of insanity defense

October 7, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with a jury in rejecting a man’s insanity plea, holding that even when crimes seem horrific and senseless, that does not mean the perpetrator is legally insane.
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'Best Practices' will not advance to rulemaking stage

October 7, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
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Attorney must register as a sex offender

October 7, 2011
Jennifer Nelson
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
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New bankruptcy rules effective Oct. 11

October 7, 2011
IL Staff
The United States Bankruptcy Court, Southern District of Indiana, issued an order Oct. 5 amending local bankruptcy rules.
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COA: Remonstrators didn't request timely stay of annexation

October 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
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Deputy owed no duty to warn of icy road

October 6, 2011
Jennifer Nelson
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
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New fee allows for online payment of traffic tickets

October 6, 2011
IL Staff
The Indiana Supreme Court Division of State Court Administration has created an electronic system fee to allow people the ability to pay online for a traffic ticket in courts that use Odyssey.
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Foster families get in free to Marengo Cave

October 6, 2011
IL Staff
Thanks to a partnership between Marengo Cave and the Indiana Department of Child Services, foster parents and their foster, biological and stepchildren will be able to get in to Marengo Cave’s guided walking tours for free.
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COA: Court erred in admitting probable cause affidavit

October 5, 2011
Jennifer Nelson
A trial court should not have admitted a probable cause affidavit that contained multiple layers of hearsay at a probation revocation hearing, the Indiana Court of Appeals concluded Wednesday.
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Supreme Court appoints new CLE commission member

October 5, 2011
IL Staff
The Indiana Supreme Court has appointed Steven M. Badger of Indianapolis to the Indiana Commission for Continuing Legal Education, effective Jan. 1, 2012.
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Justices take certified questions

October 5, 2011
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions stemming from a case in the Southern District of Indiana.
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Judges extend due process safeguards regarding interpreters to civil cases

October 4, 2011
Jennifer Nelson
A trial court must take the same steps in a civil action as it does in a criminal action regarding the use of an interpreter in order to address due process concerns, the Indiana Court of Appeals held for the first time Tuesday.
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Pro bono award winners announced

October 4, 2011
IL Staff
An attorney who made significant contributions in pro bono service will receive a posthumous honor on Oct. 21.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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