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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. 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.

  4. 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?

  5. 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

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