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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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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