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Rules being reviewed on temporary out-of-state attorney admission

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The Indiana Supreme Court is reviewing the rules on how out-of-state attorneys receive temporary admission to practice law before state administrative executive agencies.

Public comments are being accepted until May 1 by the state court’s Committee on Rules of Practice and Procedure. Three options have been presented: allow the agency itself to approve the out-of-state attorney’s temporary admission, give that power to the trial court where the agency is meeting, or make the Supreme Court the only decision-maker on that admission.

The issue came up last year after the Indiana appellate clerk’s office issued letters to various state agencies, including the Indiana Board of Pharmacy. The notice specifically detailed that administrative law judges do not have the authority to grant those pro hac vice requests, even when the practice of law involves representing a client in a hearing before that administrative body ALJ.

Only one of the appellate courts has that authority, according to Indiana Admission & Discipline Rule 3, section 2. Initially, the clerk’s office notified the agencies that when a foreign attorney submits a petition for temporary admission, the ALJ should decline to rule on that petition due to the rule and direct that attorney to file the petition with a county court where a judge is presiding over the matter. Later, the appellate clerk’s office notified agencies that out-of-state attorneys should file their petitions directly with the Indiana Supreme Court until this matter is reviewed.

The committee will now study the issue and establish a specific rule. It is interested in hearing what the legal community thinks. The court welcomes additional suggestions that address this process. Read more about the proposed changes.

The comments or additional options can be sent via email to localrulescomments@courts.state.in.us, or by mail to Lilia G. Judson, Executive Director; Indiana Supreme Court, Division of State Court Administration; 30 South Meridian Street, Suite 500; Indianapolis, IN 46204.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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