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Evansville federal, bankruptcy courts remain closed

January 9, 2014
IL Staff
The U.S. District and Bankruptcy courts in Evansville remain closed Thursday after a water main break this week. The closure is a result of ongoing repair to the water main.
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7th Circuit orders judge to reconsider sentence

January 8, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.
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Dickson State of Judiciary set

January 8, 2014
IL Staff
Indiana Chief Justice Brent Dickson will deliver his second State of the Judiciary address to the General Assembly next week.
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Small law firm acquisitions drive record year in mergers

January 8, 2014
Jennifer Nelson
Law firm combinations were up 47 percent in 2013, which is the highest number of combinations recorded in the seven years that Altman Weil MergerLine has been compiling data, the organization announced Wednesday.
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Indy attorney, developer Page files bankruptcy

January 8, 2014
Scott Olson
Indianapolis attorney and developer Paul J. Page has filed personal bankruptcy and lists his largest debt as a $6 million guarantee on a downtown Indianapolis condominium project.
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Evansville federal courthouse closed Wednesday

January 8, 2014
IL Staff
The U.S. District Court for the Southern District of Indiana's Evansville Division is closed Wednesday due to a water main break.
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Commission: Suspend Judge Kimberly Brown

January 7, 2014
Dave Stafford
Marion Superior Judge Kimberly Brown circumvented the three-judge panel that heard her disciplinary case with a direct appeal to the Indiana Supreme Court, the presiding judge said in striking her last-minute apology and an affidavit in her support from former Justice Frank Sullivan.
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Justices block gay marriage in Utah

January 7, 2014
Jennifer Nelson
The Supreme Court of the United States issued an order Monday stopping gay marriage in Utah. The justices stayed a permanent injunction that struck down the state’s ban on same-sex marriage.
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NLRB does not challenge ‘poster rule’ decisions

January 7, 2014
IL Staff
With the deadline for filing a petition passed, the National Labor Relations Board appears to have backed away from its so-called “poster rule.”
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State appellate courts to open at 1 p.m.

January 7, 2014
IL Staff
The Indiana Supreme Court, Court of Appeals and Tax Court will open Tuesday at 1 p.m. The delayed start is due to the snow and record low temperatures. The courts were closed Monday.
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Bankruptcy Court in Indianapolis closed Tuesday

January 6, 2014
IL Staff
The U.S. Bankruptcy Court in the Southern District of Indiana in Indianapolis will be closed Tuesday.
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Snow and wind force court, government office closures

January 6, 2014
IL Staff
Bitterly cold winds and heavy snow caused numerous counties to close down their courts and government offices Monday.
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IU prof turns to ADR to encourage public participation in government

January 6, 2014
IL Staff
The laws designed to allow members of the public to have a voice in their government are actually stifling the conversation, according to an Indiana University Bloomington expert.
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Snow-tubing negligence suit may proceed

January 6, 2014
Dave Stafford
Perfect North Slopes in Lawrenceburg must answer a federal negligence lawsuit arising from a snow-tubing accident almost three years ago that resulted in a brain injury for a child who was 10 years old at the time, a judge ruled Friday.
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Appellate courts, state offices delay Monday opening

January 3, 2014
IL Staff
Office hours for Indiana’s appellate courts, staff and related agencies will begin at 10 a.m. Monday due to anticipated inclement weather, the courts announced late Friday.
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Legislators return to Statehouse Monday

January 3, 2014
IL Staff
The Indiana House of Representatives and Senate will reconvene at 1:30 p.m. Monday. Among the bills before the legislators this session are measures making battery against judicial officers a Level 5 or 6 felony instead of a misdemeanor; outlining when juvenile court records may not be confidential, and various probate and trust matters.
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Suit spawns liquor-distribution showdown

January 3, 2014
Scott Olson
Indiana’s largest beer distributor is mounting the latest legal challenge to the state’s arcane, Prohibition-era liquor laws.
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Judges: 11-year-old conviction had little probative value

January 2, 2014
The 7th Circuit Court of Appeals Tuesday affirmed the decision by the District Court in Hammond preventing a defendant from using an 11-year-old conviction to impeach a testifying co-defendant in a wire fraud case.
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Hearing officer recommends 1-year suspension for Ogden

January 2, 2014
Dave Stafford
Indianapolis attorney and blogger Paul Ogden should receive a one-year suspension for email criticisms of a judge, the hearing officer in his disciplinary case has recommended to the Indiana Supreme Court. Ogden shows no sign of relenting in a matter he says is about attorneys’ free speech.
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Shepard to moderate same-sex marriage debate

January 2, 2014
IL Staff
Retired Indiana Chief Justice Randall T. Shepard will moderate a debate at Franklin College Jan. 13 on the issue of same-sex marriage.
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Indiana Lawyer 2013 Year in Review

January 1, 2014
IL Staff
From big judgments to busy law schools and attorneys in trouble, the Indiana legal community saw it all in 2013. We asked you what you thought were the biggest news stories last year. Here's a recap of what made headlines, with your Top 2 picks kicking off the list.
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Indiana’s courthouses receive renewed attention ahead of state bicentennial

January 1, 2014
Dave Stafford
Chris Flook has an eye for Indiana’s courthouses and courthouse squares. He’s photographed all 92.
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New Maurer dean to create buzz about school

January 1, 2014
Marilyn Odendahl
Austen Parrish says the Bloomington law school is well-positioned to meet challenges of the future.
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Concerns exist over proposed sentencing bill

January 1, 2014
Marilyn Odendahl
The balance struck between the opposing demands of the prosecutors and public defenders in the proposed criminal sentencing bill may be upended during the 2014 legislative session, which could force Indiana to squeeze hundreds of millions of dollars from the state budget to build a new prison.
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Can parents sue DCS? Yes, divided justices rule

January 1, 2014
Dave Stafford
A sharply divided Indiana Supreme Court decision that a family may sue the state’s child protection agency for negligence is sure to resonate within the Department of Child Services, attorneys familiar with the case said.
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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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