ILNews

Order affirms delinquent fee waivers

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The Indiana Supreme Court issued an administrative order Tuesday allowing the executive secretary of the Indiana Supreme Court Disciplinary Commission and the executive director of the Indiana Commission on Continuing Legal Education to continue to grant waivers to attorneys for delinquent fees and reinstatement fees assessed pursuant to Admission & Discipline Rules 23(21) and 29(7).

The waivers may be granted upon a written showing of good cause and upon such grounds are just and proper under the circumstances. If the executive director and executive secretary can't agree upon the disposition of any waiver request, it will be submitted to the chief justice for final action. Joint decisions of the executive secretary and executive director are final and unappealable.

The order continues a policy that's been in place since 1999. In the mid-1990s, the Supreme Court changed a rule that previously had allowed inactive lawyers to not pay annual registration fees, said Disciplinary Commission Executive Secretary Donald Lundberg. The policy revision allowed inactive attorneys to pay half the regular active registration fee instead, and a notice was sent to impacted attorneys.

"But we knew there'd be an unknown group of lawyers that we were convinced were out there and wouldn't get this notice," Lundberg said. "So, going on, we knew we'd be liberal on waiving fees for any inactive lawyers coming out of the woodwork."

Most of those inactive attorneys were suspended in 2005 and the 1999 administrative order let the Disciplinary Commission and Commission on Continuing Legal Education consider waiving those registration fees on a case-by-case basis. Lundberg said at one point, the court considered the fee waiver requests, but the administrative task was delegated to Lundberg and Julia Orzeske, executive director of the Commission on CLE.

In addition to requests for wavier from inactive attorneys, Lundberg said they've received requests from active attorneys facing extraordinary circumstances, like bankruptcy or health emergencies that may warrant a waiver of the fees due by Oct. 1. The offices don't officially track the numbers, but Lundberg said they receive about two dozen requests from active lawyers each year and between 10 and 20 percent are granted. Only a handful of inactive attorneys ask for the waiver and most of those are granted.

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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