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Supreme Court grants 2 transfers

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The Indiana Supreme Court granted two transfers Sept. 4, including one involving whether a juvenile court can order probation after a juvenile is ordered to commitment in the Department of Correction.

In the case In the Matter of R.J.G. v. State of Indiana, No. 64A04-0803-JV-130, the Indiana Court of Appeals disagreed with a previous ruling by the appellate court that found Indiana Code Section 31-30-2-1 to mean a juvenile court can't order probation if it has ordered a term of commitment to the DOC. The Court of Appeals in the instant case affirmed the juvenile court's order that R.J.G. be placed on probation following a term of commitment to the DOC. The appellate court did remand the case for an entry of recommended DOC commitment as opposed to a determinate commitment.

In Gary Community School Corp. v. Tom Powell, No. 45A03-0701-CV-17, the Court of Appeals ruled Tom Powell's part-time coaching position was not eligible for Family and Medical Leave Act coverage when he took a medical leave of absence because the coaching job is considered separate from his full-time teaching job. His teaching position was reinstated when he returned from his leave because FMLA applies only to full-time jobs.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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