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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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