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Court commission OKs new judicial officer requests

September 16, 2011
Michael Hoskins
The Commission on Courts held its final meeting on Thursday, voting in support of new judicial officers for a handful of Indiana counties and agreeing to send those recommendations on to state lawmakers for consideration.
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Comments wanted on proposed changes to senior judge rules

September 16, 2011
Michael Hoskins
The Indiana Supreme Court wants to hear from the public and legal community about revising the state’s senior judge program, allowing certified former judges to serve in any court rather than specific jurisdictions.
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Crown Point lawyer leaving for Peace Corps

September 16, 2011
Jenny Montgomery
On Sept. 19, attorney Connie Postelli will leave legal practice behind and depart for a two-year stint in the Peace Corps. Postelli will be teaching English in Ukraine. But she knows little else about her trip.
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Judge allows state to cut Medicaid fees to pharmacists

September 15, 2011
Michael Hoskins
An Indianapolis federal judge has reversed the temporary restraining order she issued two months ago that stopped the state from cutting fees it pays to pharmacists for dispensing Medicaid prescriptions.
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Judges rule on breach of contract lawsuit

September 15, 2011
Jennifer Nelson
The City of Jeffersonville breached its contract with a company hired to maintain its sewer system by not adequately providing written notice before ending the contract.
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Justices split over how to determine a lawsuit is equitable

September 15, 2011
Jennifer Nelson
The Indiana Supreme Court has expanded on a previous decision to create a multi-pronged inquiry to determine whether a suit is essentially equitable, a move that causes two justices to worry the new test may often foreclose a defendant’s right to a jury on distinct and severable legal claims.
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Court issues rules on bulk access to Odyssey case records

September 15, 2011
Michael Hoskins
After more than four years of requests from commercial case management system vendors, the Indiana Supreme Court has outlined how third-parties can interface with the state-provided system to provide broader public access to Indiana court records.
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Criminal defense attorney receives public reprimand for fee agreement changes

September 15, 2011
Michael Hoskins
The Indiana Supreme Court has publicly reprimanded an Indianapolis criminal defense attorney, finding that he modified an agreement and charged an unreasonable fee without first obtaining written consent and giving his client a chance to get another lawyer’s opinion.
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Justices vacate transfer of insurance case

September 15, 2011
IL Staff
By a vote of 4 to 1, the Indiana Supreme Court has decided to vacate transfer to an insurance case that split the lower appellate court regarding the definition of “ever” on a home insurance application.
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Federal court fees, PACER charge going up

September 14, 2011
Michael Hoskins
The policy-making body of the federal judiciary wants U.S. judges to limit how often they seal entire civil cases. In addition, the public access fee for all records is rising and other court fees are going up.
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Bomb threat causes evacuation of courthouse

September 14, 2011
Jennifer Nelson
A bomb threat called into the clerk’s office in Hancock County Wednesday morning prompted an evacuation of the building for several hours.
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Special masters named in judge's disciplinary case

September 14, 2011
Michael Hoskins
The Indiana Supreme Court has appointed three trial judges as special masters to preside over the disciplinary case of one of their city court colleagues from Lake County, who is accused of operating an illegal traffic school, dismissing cases without assessing required fees, and dissuading one litigant from contesting a seatbelt violation in court.
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Former Jackson Circuit Judge Robert R. Brown dies

September 14, 2011
Jenny Montgomery
Robert R. Brown, retired Jackson Circuit judge, died Sept. 12 at his Brownstown home. He was 78.
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COA orders new trial for overly talkative defendant

September 14, 2011
Jenny Montgomery
In a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding that the court went too far in physically preventing a defendant from speaking.
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Civic index numbers show Indiana trails most states in voter turnout

September 14, 2011
Jenny Montgomery
The inaugural Indiana Civic Health Index shows that while the state is on-par with national standards in volunteerism, its voter turnout and registration are among the lowest in the country.
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Winning is relative

September 14, 2011
Jenny Montgomery
Boat-racing attorney's success may be genetic.
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Questioning judicial campaign contributionsRestricted Content

September 14, 2011
Michael Hoskins
The American Bar Association urges states to adopt recusal rules because of judicial fundraising concerns.
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Judges disagree on whether use of names or initials is appropriate

September 14, 2011
Michael Hoskins
A clear divide exists at the Indiana Court of Appeals these days and is anything but confidential. Judges are debating whether parties’ names on certain cases should be released publicly or be shielded through use of initials only.
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Indiana makes gains in permanent placementRestricted Content

September 14, 2011
Jenny Montgomery
The state sees improvement, but aims to do better.
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Fall protection mandatory for residential jobsRestricted Content

September 14, 2011
Jenny Montgomery
On Oct. 1, the Occupational Health and Safety Administration will begin enforcing fall protection plans for residential contractors. The regulations have long applied to commercial construction, but this year marks the first that OSHA will begin requiring residential contractors to exercise the same level of caution when employees are working more than six feet above the ground.
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2 Indiana lawyers part of legal team representing plaintiffs in 9/11 litigationRestricted Content

September 14, 2011
Michael Hoskins
Even now, chills run down Mary Beth Ramey’s spine when she stands along the canal in downtown Indianapolis and thinks about how that spot ties into the litigation she’s been involved in for the past decade.
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Recent medical malpractice opinion causes some lawyers concernRestricted Content

September 14, 2011
Jenny Montgomery
Attorneys have asked the Indiana Supreme Court to weigh in on a recent ruling that has left some people wondering about the future of medical malpractice law.
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Constructing contracts for safety

September 14, 2011
Michael Hoskins
Indiana Supreme Court case examines construction manager's liability.
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Court reverses decision denying trial counsel appointment

September 13, 2011
Michael Hoskins
The Indiana Court of Appeals has determined a Jay Superior judge didn’t look at a defendant’s “total financial picture” when assessing his need for a court-appointed attorney. It has ordered a new indigency evaluation and trial for the misdemeanor battery charge.
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Justices split on appellate review of prisoner litigant's claim

September 13, 2011
Michael Hoskins
One of Indiana's most well-known pro se prisoner litigants convinced two of the state justices that his latest appeal should get their attention, but the other three denied transfer relating to how the Indiana Court of Appeals dismissed the case.
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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