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Leadership in Law 2013: Timothy A. Emerick

Associate, Barnes & Thornburg LLP, South Bend Valparaiso University Law School

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emerick-tim-6901-15col.jpg (IL Photo/Shephard Imageworks, Mark Shephard)

When Timothy A. Emerick participated in a Masters of Accounting program at the University of Illinois, he convinced the law school to allow him to take a course as an elective. After his first class, the certified public accountant knew that law school was in his future. His CPA experience is invaluable to his legal practice that focuses on mergers and acquisitions, financings and real estate transactions. Each year, he volunteers at the University of Notre Dame/St. Mary’s Tax Assistance program, providing free income tax preparation to low-income families. Tim has also assisted with numerous general corporate and real estate matters for nonprofits on a pro bono basis.

If you could meet and spend a day with one lawyer from history, who would it be and why?
I would like to spend a day with Tim Russert. His life story is impressive and inspiring.

What do you find scary?
The tendency for our society to run to the extremes and refuse to be reasonable and cooperate. From playgrounds to Washington, the trend seems to be for everyone to dig in their heels and hold onto their positions at all costs, a dangerous trend.

What’s the most important thing your mentor has taught you?
Think long-term. With a legal career that will hopefully span nearly 40 years, a few bad days are bound to happen. That’s hard to remember some days, but great advice.

What civic cause is the most important to you?
I’m a member of the board of Unity Gardens Inc., an organization that strives to “grow” stronger communities while providing everyone access to affordable, healthy food.

In life or law, what bugs you?
Inconsiderate and selfish people.

If a drink or sandwich were to be named after you, what would it be called and what would be in it?
“The InTiminator” – grilled cheese on rye with tomato, bacon and pesto.

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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