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Supreme Court amends Indiana rules

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The Indiana justices have issued several orders amending the rules of court. Among them is a change that allows the Disciplinary Commission to seek reimbursement from attorneys who have resigned or been disbarred.

Orders dated Sept. 7 spell out the changes to Indiana’s Rules of Appellate Procedure, Admission and Discipline Rules, Administrative Rules, Rules of Criminal Procedure, and Rules of Trial Procedure. The justices modified Rule 23, Section 10 of the Disciplinary Commission and Proceedings to allow the commission the ability to seek $500 in reimbursement plus out-of-pocket expenses from attorneys who are disbarred or resign in any proceeding. The rule currently allows these costs to be obtained from attorneys whose complaints have been dismissed for cooperation or suspended. Rule 14 has also been amended.

The justices have amended Indiana Rules of Trial Procedure 3.1, 5, 6, 26, 34, 53.1, 72, 77, 79 and Appendix B. Changes include allowing the use of fax or email for service if a party consents. Other rules have been modified to include language referencing this electronic service. Judges appointed as a special judge under Rule 79(D) will now have seven days instead of 15 to decide whether to accept a case. If a special judge does not accept the case, or is disqualified or recused, the appointment of an eligible special judge will be made pursuant to a local rule. If a special judge is unavailable for any reason after assuming jurisdiction on a date when a hearing or trial is scheduled, that special judge may appoint a judge pro tempore, temporary judge or senior judge.

Indiana Administrative Rules 5, 7, 8, 9 and 10 have been amended. The changes affect senior judge credit and what records are authorized to be microfilmed, and include the addition of language referring to the recently passed law that restricts access to certain criminal history information.

Rule 10 outlines how a trial court may reconstruct judicial records that have been lost or destroyed.

Rule 12 on change of venue in criminal cases has been updated to allow an application for a change of judge or venue to be filed within 30 days from the initial hearing. Current rules allow 10 days.

The rule changes can be viewed on the court’s website.  All amendments take effect Jan. 1, 2013.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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