State agencies

Capstone of criminal code reform put in place during 2015 session

May 6, 2015
Marilyn Odendahl
The bill establishing the funding and the mechanism to distribute the dollars needed for Indiana’s new criminal code reform had a bumpy ride through the Statehouse. But in the final hours of the 2015 legislative session, lawmakers approved language that ensured the money would be funneled through local programs and projects designed to reduce recidivism and ease overcrowding in Indiana’s prisons.
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Pence signs bill tightening Indiana's state ethics laws

May 5, 2015
 Associated Press
Indiana Gov. Mike Pence has endorsed an overhaul of state ethics laws that requires greater financial disclosure by lawmakers and expressly prohibits elected officials from using state resources for political purposes.
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Medical-legal partnership honored for work on Medicaid waiver issue

April 22, 2015
Marilyn Odendahl
The integration between Eskenzai Health and Indiana Legal Services coupled with the sustained effort to remedy the waiver issue earned the Midtown Partnership national recognition. In April, the National Center for Medical-Legal Partnership presented the Indianapolis-based partnership with a 2015 Outstanding MLP Award.

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COA: IURC improperly approved utility’s 7-year plan

April 8, 2015
Jennifer Nelson
In the appeal of the Indiana Utility Regulatory Commission’s decision to approve rate increases requested by a northern Indiana utility group under a new statute, the Indiana Court of Appeals concluded the commission erred in approving a seven-year plan that only gave specifics about year one.
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Known loss doctrine bars claim against insurers

April 8, 2015
Jennifer Nelson
The insurers of a company that purchased property it knew was contaminated are not required to defend or indemnify the company regarding the Indiana Department of Environmental Management’s remediation action, the Indiana Court of Appeals concluded Wednesday.
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COA affirms finding liquor stores violated rules on home delivery of wine

March 19, 2015
Jennifer Nelson
The Indiana Court of Appeals reinstated the Indiana Alcohol and Tobacco Commission’s final order fining a northern Indiana liquor store company for using common carriers to transport wine to customers, which is a violation of its liquor permit.
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Pence asks Legislature for $15M to add DCS staff

March 18, 2015
IL Staff
On the same day the state released an independent report on workload and caseloads of staff at the Indiana Department of Child Services, Gov. Mike Pence sent a letter to several legislators seeking more funding to increase family case managers and supervisors at the state agency.
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Indiana sues auto parts dealer over unpaid fine, auto fluids

March 16, 2015
 Associated Press
Indiana's environmental agency is suing an auto parts dealer who was ordered last year to pay a $10,000 fine and clean up automotive fluids and other materials at his Muncie business.
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Indiana regulators revoke coal-gasification plant's permit

March 10, 2015
 Associated Press
State regulators have revoked an air permit for a proposed $2.8 billion coal-gasification plant in southwestern Indiana at the request of the plant's developer.
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State appeals ruling blocking fenced hunting preserve rules

March 6, 2015
 Associated Press
The Indiana attorney general's office is appealing a court ruling that state wildlife officials overstepped their authority in trying to shut down Indiana’s high-fenced deer-hunting preserves.
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Grant of judicial review following license suspension reversed

February 26, 2015
Jennifer Nelson
Because an Indiana driver did not take advantage of an available statutory method for challenging the suspension of her license before filing a petition for judicial review, the Court of Appeals reversed the grant of judicial review that ruled in her favor.
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Appeals court opens RX database to defendant’s subpoena

February 20, 2015
Dave Stafford
A woman charged with possession of a controlled substance who claimed she had a prescription may seek information from the state prescription database, the Indiana Court of Appeals held in a reversal.
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6 central Indiana dental employees reach plea deals

February 18, 2015
 Associated Press
Prosecutors have struck plea agreements with six former employees of a central Indiana dental clinic in connection with a Medicaid fraud investigation.
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MacArthur Foundation pledges $75M toward fixing US jails

February 11, 2015
 Associated Press
To reduce the number of people locked up in local jails around the U.S., the John D. and Catherine T. MacArthur Foundation announced it plans to give $75 million to local jail officials working on ways to remove nonviolent offenders, people too poor to afford bail and the mentally ill from behind bars.
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House panel passes bill adding oversight to state agencies

February 4, 2015
 Associated Press
State government agencies could face greater scrutiny when proposing new regulations under a measure an Indiana House committee approved Tuesday.
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Appeals court finds high-fence deer hunting not prohibited in Indiana

February 2, 2015
Jennifer Nelson
Indiana law does not prohibit “high-fence” hunting of deer in Indiana, nor does it allow for the Department of Natural Resources to create regulations relating to the practice, the Indiana Court of Appeals ruled Monday.
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Kokomo sues state over proposed downtown baseball park

January 27, 2015
 Associated Press
The city of Kokomo is suing the state over its opposition to a proposed downtown baseball stadium.
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Woman loses claim for additional retroactive retirement benefits

January 20, 2015
Jennifer Nelson
A retired teacher is not entitled to an additional six months of retroactive retirement benefits from the Indiana Public Retirement System, the Indiana Court of Appeals held Tuesday. Indiana law limits an INPRS member to only six months of retroactive retirement benefits.
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Meijer tax ruling may reverberate statewide

January 20, 2015
Kathleen McLaughlin, IBJ Staff
Big-box retailers could see their Indiana property-tax bills slashed in half because of a recent court decision that favored Meijer over Marion County.
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Civil Rights Commission exceeded authority in upholding complaint

January 6, 2015
Marilyn Odendahl
Finding the Indiana Civil Rights Commission overstepped its authority, the Indiana Supreme Court has vacated the organization’s final order regarding an “intra-group squabble” over a dinner menu.
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McKinney grad Carrasco appointed Indiana inspector general

January 6, 2015
IL Staff
Longtime executive director of the Office of Inspector General Cynthia Carrasco has been appointed Indiana inspector general, Gov. Mike Pence announced in a statement Tuesday. The appointment is effective Jan. 11.
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Tax Court: Alleged puppy mill owner wrongly denied refund

January 5, 2015
The Indiana Department of Revenue improperly denied a refund of the value of 240 dogs seized by the state from an alleged Harrison County puppy mill, the Indiana Tax Court ruled Dec. 31.
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Driver’s lack of appellee brief reinstates license revocation

December 30, 2014
Dave Stafford
A motorist who won a trial court judgment vacating the suspension of his driver’s license didn’t file a brief when the Bureau of Motor Vehicles appealed the decision and, therefore, lost his challenge of the BMV action.
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‘Second haircut’ nixed by tax court

December 29, 2014
Marilyn Odendahl
A finance company that purchased car loans at a discounted price is entitled to recoup all the sales tax on the loans which have since gone into default.
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Fired IDEM employee entitled to unemployment benefits

December 19, 2014
Jennifer Nelson
The Indiana Court of Appeals found a 25-year state employee did not breach a duty reasonably owed to her employer when she failed to meet monthly quotas because she thoroughly reviewed cases instead of quickly approving expenses.
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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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