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Legislative study committee to discuss UPL

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The Indiana Probate Code Study Commission, which meets for the first time this year on Wednesday, will focus on three items at its meeting, including the unauthorized practice of law.

According to the meeting agenda, commission members will discuss applying the racketeer influenced and corrupt organizations law to the unauthorized practice of law by nonattorneys. Currently, a person can be charged with a Class B misdemeanor under Indiana Code 33-43-2 for engaging in UPL. In March, the Office of the Indiana Attorney General filed criminal UPL and tax evasion charges against ‘notario publico’ M. Esther Barber of Indianapolis, alleging she offered immigration-related services without being licensed or trained to do so. The AG’s office obtained permission from the Marion County Prosecutor’s Office to file the Class B misdemeanor engaging in UPL charge. In July, Barber pleaded guilty to two counts of Class D felony income tax evasion and the misdemeanor UPL count.

The members will also consider legislative proposals from the Probate, Trust and Real Property Section of the Indiana State Bar Association, including repealing the inheritance tax law and increasing the time one can probate a foreign will. Section member Jeffrey Kolb of Emison Doolittle Kolb and Roellgen in Vincennes said the the section will also discuss asset protection trusts, giving a standby guardian the power of a guardian and the priority and payment of claims under probate code and Medicaid law.

The study commission will also discuss the sale of a decedent’s real estate to satisfy claims by the Office of Medicaid Policy and Planning and other governmental entities.

The meeting begins at 1:30 p.m. in Room 404 of the Statehouse and will be webcast.

The Indiana Criminal Law and Sentencing Policy Study Committee meets Thursday at 1 p.m. in Room 431. This meeting will also be webcast. An agenda for the meeting has not been released.
 

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  1. 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...

  2. 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

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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