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Man loses challenge to denial of admission to Indiana bar

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A Kansas attorney who was denied admission to join the Indiana bar can’t bring his suit against various state actors in federal court because of the Rooker-Feldman doctrine, the 7th Circuit Court of Appeals ruled Thursday.

Bryan K. Brown, who was a practicing attorney in Kansas before moving to Indiana, sought admission to practice here. The Indiana Board of Law Examiners referred Brown to the Judges and Lawyers Assistance Program for an evaluation. He was eventually denied admittance because he couldn’t demonstrate good moral character and fitness under Admission and Discipline Rule 12.

Brown appealed the decision to the Indiana Supreme Court, which left the BLE’s decision intact. The Supreme Court of the United States denied Brown’s petition for certiorari. He then brought a suit in federal court against JLAP, Indiana Chief Justice Randall T. Shepard and other state actors alleging federal and state constitution violations. Brown believed he was being prevented from joining the Indiana bar because of his religious beliefs.

Judge Theresa Springmann dismissed the suit, finding the claims were barred under the Rooker-Feldman doctrine because they were inextricably intertwined with the Indiana Supreme Court’s adjudication of his bar application and finding that his as-applied challenges to Admission and Discipline Rules were unripe. The 7th Circuit Court of Appeals agreed.

“Because Brown’s claims of religious bias require a federal district court to review the judicial process followed by the Indiana Supreme Court in deciding the merits of Brown’s bar admission application, Brown’s claims are ‘inextricably intertwined’ and fall squarely under Rooker-Feldman’s jurisdictional bar,” wrote Judge Richard Cudahy in Bryan J. Brown v. Elizabeth Bowman, et al., No. 11-2164. “Further, a simple reading of Brown’s complaint shows that his religious discrimination claims in district court are essentially the same arguments he made to the Indiana Supreme Court.”

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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