ILNews

Lucas: The pace of news, like life, changes fast

Kelly Lucas
October 26, 2011
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EidtPerspLucas-sigWhen addressing the group of eager young lawyers being sworn in at this year’s fall Bar Admission Ceremony, U.S. District Judge Robert L. Miller Jr., Northern District of Indiana, reflected on how the day-to-day business of practicing law has changed in the 36 years since he took the oath. Typewriters and other modes of communication used when he entered the profession in 1975 have become nearly extinct, he explained, and today’s lawyers must continually update to the latest technologies to stay abreast of developments in the law.

While he gave those in attendance the impression that this new world sometimes left him feeling a bit behind-the-times, when Judge Miller finished his talk, Chief Justice Randall Shepard, who was sitting next to the district court judge, let the audience in on a little secret. Judge Miller had been reading this address from his iPad.

The wave of technology that has swept the late 20th and early 21st centuries is taking us all for an interesting ride. Whether we decide to surf the wave and revel in the new opportunities it offers or submerge ourselves and become overwhelmed by it is up to each of us. I’m guessing that many people feel sort of like a duck in these waters – calm above the surface but paddling feverishly beneath to keep up.

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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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