State agencies

Deal proposed in ex-schools chief's ethics case

July 8, 2014
 Associated Press
The State Ethics Commission is set to review a proposed settlement Thursday in the ethics case against former Indiana Schools Superintendent Tony Bennett.
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Thomas to resign as Indiana's inspector general

July 8, 2014
 Associated Press
The only person to serve as Indiana's top ethics watchdog since the position of inspector general was created in 2005 is planning to leave.
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'0INK' vanity plate fight could go to Legislature

July 7, 2014
 Associated Press
A fuss over a police officer's vanity plate has blown up into a constitutional debate that could lead to the Indiana General Assembly deciding whether to rewrite the law or stop selling personalized license plates altogether.
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Pawn shop owner loses case based on ‘class-of-one’ theory

June 20, 2014
Jennifer Nelson
An Evansville pawn shop owner couldn’t convince the 7th Circuit Court of Appeals that the state singled him out for disparate treatment without a rational basis when it initially denied his application for a pawnbroking license.
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Deposition challenges timing of BMV overcharges

June 16, 2014
 Associated Press
A former deputy director at the Indiana Bureau of Motor Vehicles says he told agency leaders as early as 2010 that many BMV fees exceeded what was authorized under Indiana law but that the agency kept overcharging Hoosiers for at least two years to avoid budget troubles.
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Dropped charges against former IURC chief won’t be appealed

June 5, 2014
IL Staff
The state no longer is contesting the dismissal of official misconduct charges against former Indiana Utility Regulatory Commission Chairman David Lott Hardy.
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COA orders new hearing due to lack of proof notice was mailed

May 28, 2014
Jennifer Nelson
The Indiana Court of Appeals ordered a new evidentiary hearing on the merits of a woman’s application for unemployment benefits after holding that the Department of Workforce Development didn’t prove that it mailed notice of a hearing to the woman.
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Tax Court: Company creates new tool, entitled to exemption

May 15, 2014
Jennifer Nelson
The Indiana Tax Court has ruled in favor of a Hammond company in its attempt to exempt certain equipment from the state’s sales and use taxes.
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Badger: Supreme Court will hear death records dispute

May 7, 2014
Steven Badger
The Indiana Supreme Court will hear oral argument May 8 in a dispute over public access to county death records. The case, Evansville Courier & Press v. Vanderburgh County Health Department, raises the issue of whether a county health department’s death certificates, including the cause of death, are public records under the Indiana Access to Public Records Act.
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COA affirms dropped charges for ex-IURC chief Hardy

April 29, 2014
Dave Stafford
Because David Lott Hardy, former chairman of the Indiana Utility Regulatory Commission, broke no laws, a trial court didn’t abuse its discretion in dismissing felony official misconduct charges against him, the Indiana Court of Appeals held Tuesday.
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Former IURC chair’s appeal raises questions on official misconduct law

April 9, 2014
Dave Stafford
Did a former state utility regulator’s behavior that got him fired rise to official misconduct if he committed no crime? An Indiana Court of Appeals panel grappled with that question, as well as which version of the law applies, during oral arguments March 31.
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FSSA able to terminate 9-year Medicaid provider contract without cause

April 7, 2014
Marilyn Odendahl
An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
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Official misconduct statute focus of Hardy appeal

March 31, 2014
Dave Stafford
Whether Indiana’s official misconduct statute is unconstitutionally vague was the question before an appeals court panel Monday that heard the state argue that criminal charges should be reinstated against the fired head of the Indiana Utility Regulatory Commission.
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Judges to hear misconduct case against former IURC chairman Monday

March 28, 2014
Jennifer Nelson
A panel of the Indiana Court of Appeals Monday will hear arguments on whether four misconduct charges should have been dismissed against former Indiana Utility Regulatory Commission chairman David Lott Hardy.
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COA affirms cures imposed for title insurance company’s statutory violations

March 4, 2014
Jennifer Nelson
The Indiana Court of Appeals found nothing wrong in the trial court’s decision to uphold the Indiana Department of Insurance’s order that found a title insurance company violated several statutes and outlined what the company must do to cure its violations.
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Appellate court reinstates habitual traffic violator charge

February 27, 2014
Jennifer Nelson
Finding a trial court abused its discretion when it granted a man’s motion to dismiss a Class D felony operating a vehicle as a habitual traffic violator charge, the Indiana Court of Appeals reversed and ordered the charge reinstated.
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Judge lets second suit alleging BMV overcharges proceed

February 21, 2014
Dave Stafford
Indiana Bureau of Motor Vehicles must answer a second complaint alleging the agency overcharged Hoosiers millions of dollars on almost 30 types of licenses or registrations, a judge ruled Wednesday.
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Pence selects attorneys to fill IURC slots

February 21, 2014
IL Staff
Two attorneys with experience serving the Indiana Utility Regulatory Commission have been appointed to the commission by Gov. Mike Pence.
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Justices: Man with Alzheimer’s must be committed per statute

February 19, 2014
Jennifer Nelson
Noting the trial court had the best of intentions when it did not order a man with Alzheimer’s disease committed, the Indiana Supreme Court pointed out the trial court had to order his commitment under Indiana Code 35-36-3-1(b) after he was found not competent to stand trial.
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Judges reject man’s Department of Toxicology claims

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
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COA finds dismissal of judicial review petition not warranted

February 14, 2014
Jennifer Nelson
Noting that the Indiana Supreme Court has been divided on this issue – but will take it up soon – the Indiana Court of Appeals has held that it could review the dismissal of a petition for judicial review even though the company filing the petition did not file a complete, certified agency record.
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Appeals court: IBM materially breached contract with state

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed a Marion County judge’s finding that IBM did not materially breach the contract it had with the state to modernize its welfare system. As a result, the appeals court ordered a determination of damages to the state.
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Reprimand issued for ALJ in IURC-Duke scandal

February 6, 2014
Dave Stafford
A former administrative law judge with the Indiana Utility Regulatory Commission has been reprimanded by the Indiana Supreme Court, which ruled this week that a harsher sanction was unwarranted because he’d already been punished enough for seeking a job with Duke Energy while making rulings concerning the utility.
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Disability, religious-freedom claims clash at Indiana Supreme Court

February 3, 2014
Dave Stafford
An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.
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Preserving the past

January 15, 2014
Marilyn Odendahl
County clerks, archivists and court administration work to keep historical records accessible.
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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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