Southern District to block e-filing by lawyers not in good standing

Back to TopCommentsE-mailPrintBookmark and Share

Lawyers not in good standing with the federal bar for the U.S. District Court for the Southern District of Indiana will be blocked from electronic filing under rule changes taking effect July 1. A separate new rule aims to protect cooperating defendants who plead guilty.

An amendment to Local Rule 5-3 adds a Section (f) that says only members of the bar in good standing may use the Electronic Case Files system. “Upon receipt of a court order subjecting an attorney to suspension or disbarment, or notice that the attorney’s license to practice law is inactive, the clerk will suspend the attorney’s ECF rights, pending the attorney’s reinstatement to active, good standing status,” the new rule reads.
An added Section (g) under this rule also restricts unrepresented litigants from e-filing unless authorized by court order.  

The rule amendments also add new procedures for filing information under seal with a cooperating defendant’s petition to plead guilty in a criminal case. In such cases, counsel for the defendant must file under seal a motion to exclude cooperator information which specifically references the presentence investigation report. The new rule is added as Section (b) under Local Criminal Rule 13-1.

In a footnote to the criminal rule amendments, the court observes they are “in part, based on the actions of the Committee on Court Administration and Case Management of the Judicial Conference of the United States, which is examining means to control the use of court documents to identify, threaten, and harm cooperators.”

“If the defendant is potentially eligible for relief from a mandatory minimum sentence, by way of the ‘Safety Valve’ provision of 18 U.S.C. § 3553(f) (United States Sentencing Guidelines ("U.S.S.G.) § 5C1.2(a)(1)-(5)), counsel may also request, in the same motion, that narrative concerning the Defendant's qualification for the Safety Valve reduction be excluded from the PSR, and request that only a reference to U.S.S.G. § 2D1.1(b)(17) be made (in order to accurately calculate the sentencing guideline range). ... In the event of a guilty verdict, defense counsel will have 14 days within which to file the Motion to Exclude Cooperator Information, and Safety Valve narrative, from the presentence report,” the new section reads.

“If a motion to exclude cooperation information is granted, information regarding cooperation will be kept confidential and excluded from the presentence report,” an amendment to Local Criminal Rule 13-1(d) reads.



Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  2. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? Indianapolis hosts these major pervs in a big way .... I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here:

  3. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  4. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  5. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia