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On The Move - 10/27/10

October 27, 2010
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On The Move: Information must be submitted at least 11 days before the Wednesday issue in which it is to appear. Digital images should be 200 dpi and saved as eps, tiff or jpeg; Color images are preferred. For more information or to submit an announcement, contact  editor Rebecca Collier at rcollier@ibj.com

New Associations
Scott J. Preston has joined Labor and Employment law firm Littler Mendelson as a shareholder.

Robert B. Hebert was named vice president and general counsel of The College Network.

The Tabor Law Firm recently added attorney Robert W. Johnson. He has represented persons injured or killed due to another’s negligence. He has personally represented over 650 clients in various personal injury and wrongful death cases including automobile collisions, trucking collisions, and motorcycle accidents.

Laurie Goetz Kemp has recently joined Kightlinger & Gray as a partner. Kemp has experience in the areas of employment law and workers compensation matters. She has been practicing law in the Southern Indiana/Louisville metropolitan region for more than 14 years providing legal services and employment advice to local and regional companies.

Effective Jan. 1, 2011, Bingham McHale will have four new partners: David Adams, Christi Anderson, Melissa Ford and Shannon Landreth. Anderson concentrates her practice on estate and gift planning, estate administration, probate litigation and representation in adoption and guardianship proceedings. Adams currently focuses on corporate and general business transactions and real estate development, including sales, acquisitions and leasing. Ford regularly advises clients regarding business entity structuring, partnership taxation, real estate and business sales and acquisitions. Landreth concentrates her practice in the area of business litigation in federal and state trial and appellate courts.

New Firms/Locations
Attorneys Carol Applegate and Anita A. Harden have formed a new firm. The Applegate and Harden Law Firm is a full-service elder law practice specializing in healthcare, public benefits including Medicaid, Veteran’s benefits application and approval, Social Security and SSI, housing, advance directives such as healthcare and financial powers of attorney and cremation authorizations, neglect and exploitation, guardianship petitions, grandparent adoptions, and probate issues

The Indianapolis law firm of Schuckit & Associates has purchased a 10,000 square foot building in the Zionsville/Carmel area behind Starbucks, near 106th Street and Michigan Road, and has moved its headquarters from the top floor of Market Tower. The firm moved 9 attorneys and 8 staff members.

Elections and Appointments
Barnes & Thornburg announced that one of its partners, Peter Morse, has been re-elected to the board of directors of TerraLex, a global legal network of law firms which Barnes & Thornburg helped found two decades ago in order to assist its clients with legal needs around the globe. TerraLex has 160 member law firms in 100 countries and 41 U.S. states, and is one of the largest international legal networks.

The Indiana Supreme Court announced the Board of Law Examiners (BLE) secretary, María Pabón López, has been appointed to the Editorial Advisory Committee of the National Conference of Bar Examiners. The Editorial Advisory Committee reviews and comments on articles for publication in “The Bar Examiner,” which is published quarterly, and is the only national publication related to bar admissions.

American Health Lawyers Association selected 15 members to serve on its recently established Young Professionals Council, including Hall Render’s Andrea L. Impicciche. Impicciche focuses on corporate transactional law, including hospital acquisitions, physician practice acquisitions and physician/hospital joint ventures.

LewisWagner announced that John C. Trimble has been appointed chair of the Public Policy Committee of DRI, The Voice of the Defense Bar. He focuses much of his time on insurance coverage disputes, bad faith defense, lawyer and insurance agent malpractice, business litigation, and catastrophic damages caused by all types of casualty risks, including transportation, construction, product liability, fires, and governmental liability, to name a few.

Amie Peele Carter of Baker & Daniels in Indianapolis has been appointed chair of the American Intellectual Property Law Association’s trademark committee. As chair, Carter will lead the AIPLA committee responsible for monitoring the laws and treaties of the United States concerning trademarks, trade names and unfair competition.

Gov. Mitch Daniels announced the appointment of Stephen Robertson as commissioner of the Department of Insurance (DOI). Robertson, who has served as DOI’s executive director since June, replaces Carol Cutter who passed away. Robertson joined DOI in 2008, first as director of the Title Insurance Division and then as deputy commissioner of the Title and Bail Bond Division.

Awards and Honors
LewisWagner has been selected to receive DRI’s Law Firm Diversity Award for 2010. The award honors a law firm that demonstrates a significant commitment to diversity not only through policies and practices, but also by civic contributions. LewisWagner is the first law firm in Indiana to receive this recognition.

Judge Gregory J. Donat of the Tippecanoe Superior Court in Lafayette has been named the 2010 recipient of the American Judicature Society’s Kathleen M. Sampson Access to Justice Award. The award recognizes Judge Donat’s leadership of efforts to improve access to justice for all people. In addition to his work in Indiana, Donat has led and contributed to national projects to enhance access to justice through specialized courts.

Julia Blackwell Gelinas, appellate practice group leader and partner at Frost Brown Todd, will be receiving the Antoinette Dakin Leach Award from the Women and the Law Division of the Indianapolis Bar Association. The award is only presented when the Division feels an appropriate candidate is worthy of the award for her professional and personal accomplishments. Gelinas practices in the area of appellate, construction, fidelity and surety and other commercial matters.

Ralph Adams, the former executive director and staff attorney of Legal Services of Maumee Valley in Fort Wayne, received the Indiana Pro Bono Commission’s Randall T. Shepard Award for excellence in pro bono. Adams is active with the Volunteer Lawyer Program of Northeast Indiana.•

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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