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Protective order sought in law examiners case

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The Indiana State Board of Law Examiners wants a U.S. District judge to issue a protective order stopping the ACLU of Indiana from obtaining what the agency describes as confidential information about bar applicants' answers to questions.

This is the latest litigation in a potential class action case of Jane Doe, et al. v. The Individual Members of the Indiana State Board of Law Examiners, No. 1:09-CV-842, which charges that the bar examination application violates the Americans with Disabilities Act because of certain mental health questions. The plaintiffs are an Indiana woman admitted in Illinois who wants to practice in her home state, as well as the student ACLU chapter at Indiana University School of Law - Indianapolis where individuals could be impacted by the controversial question.

Laura Bowker, deputy attorney general, filed the protective order motion Monday on grounds that disputed discovery requests from the civil liberties group were off-limits. Two reasons are cited: the information is deemed confidential by Rule 19 of the Indiana Rules for Admission to the Bar and the Discipline of Attorneys; and the request would be too difficult for the five-person office to compile even if it could.

Applicants for any given year total about 1,000, according to the BLE's brief. But wading through those applications by hand to review the questions and responses would be too burdensome for the state agency, it argues. While the ACLU of Indiana had originally sought answers from applications between 2006 and 2009, it has since indicated to the court and in its own brief that the request could be curtailed to only February to July 2009.

In his brief opposing the protective order filed Tuesday, ACLU of Indiana's legal counsel Ken Falk said this information is critical to the plaintiffs' class certification and overall case, and he poked holes in the BLE's argument that the data requested isn't available.

"The argument appears to be that although the questions challenged in this case are considered essential by the members and will, if answered affirmatively, lead to the burden of more reporting by the applicant and perhaps an evaluation by the Judges and Lawyers Assistance Program, no record is kept of those answering the questions affirmatively, who is evaluated, and whether the persons are allowed to sit for the bar or not. This is curious."

Of the confidentiality argument, Falk said he's seeking only the numbers of applicants who answered affirmatively to certain questions, not any names or private information that could be considered confidential. Falk compared the information requested to census data, which is available in statistical format publicly but that all other individual data is confidential. He also noted the BLE distributes membership information about the demographics of those who've taken the bar exam each year.

"The only conclusion that can be drawn from this is that anonymous statistical information is not deemed to be confidential by the Board of Law Examiners," Falk wrote.

The court hasn't issued a ruling on the issue or scheduled a date for any hearing on that point. Still pending before the court are a handful of other issues, such as whether class certification will be allowed.

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  1. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

  3. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

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