Revising rules on agency lawyers
Attorneys from outside Indiana should know this: The process for practicing before state administrative agencies, even temporarily, is changing and may impact your ability to practice law in this state.
Michael W. Hoskins
Articles
Notario publico issues surface again
Years ago, the Indiana Supreme Court made it clear what non-lawyers could and could not do related to immigration services. Crossing the line might be considered the unauthorized practice of law. Now, two people in Indiana are facing the consequences of doing exactly that.
Respected leaders in U.S. Attorney’s Office for Southern District retire
Two longtime leaders in the U.S. Attorney’s Office for the Southern District are retiring this month, taking with them more than a half century of combined legal experience.
AG files criminal UPL, tax evasion charges against ‘notario publico’
Adding to what it has already done in targeting two “notario publicos” for illegally offering immigration services, the Indiana Attorney General’s Office has now filed a criminal Unauthorized Practice of Law charge and several tax evasion counts against one of those non-lawyers who was operating in Indianapolis.
IBM litigation explores executive privilege issue
A Marion Superior judge has ordered Indiana state officials to turn over thousands of documents relating to the state’s cancellation of a welfare system modernization, ruling on an issue of first impression about whether a “deliberative processes” executive privilege exists in Indiana.
Circuit Court affirms judgments against 2 ex-IMPD narcotics officers
The 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
Appeal questions ‘enrollment,’ self-supporting standards for emancipation
In tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in this case to come to its decision.
Former auditor wins appeal on attorney fee issue
The Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate court.
Court rules on early retirement benefits case
Employees who accept early retirement even in the worst economic times aren’t entitled to continued unemployment assistance, the Indiana Court of Appeals ruled today.
Rules being reviewed on temporary out-of-state attorney admission
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.
Lawmaker asks General Assembly to study creation of state patent law
An Indiana lawmaker wants to explore whether the state should create its own patent law, focusing on specific business method processes that aren’t covered by the federal patent system.
Habeas proceeding stays execution
A federal judge has postponed the April execution of a St. Joseph County man convicted of killing his wife, her ex-husband, and her son.
AG wants trustee for casino revenue
Two days of court mediation are scheduled in mid-April for the long-running litigation concerning East Chicago casino revenue and economic development agreements, but the Indiana attorney general wants the city council to consider setting up a trusteeship for the millions of dollars generated through those agreements.
No bankruptcy abuse by ex-mayor
Reversing her earlier decision, U.S. Bankruptcy Trustee Nancy Gargula in the Northern District of Indiana determined March 7 that former East Chicago Mayor Robert Pastrick’s income is not too high to qualify for Chapter 7 bankruptcy and his filing should not be considered to be an abuse of the process.
New Southern District magistrate named
An Indianapolis employment law attorney has been chosen as the newest U.S. magistrate judge for the Southern District of Indiana.
Misdemeanant challenges voting lockout
When a former town council member in northern Indiana was sentenced to county jail for two months on a misdemeanor battery conviction, he didn’t realize that experience would take away his right to vote.
Indianapolis lawyer is trustee on multi-state livestock bankruptcy case
Before taking on a livestock bankruptcy case stretching into multiple states and encompassing millions of dollars, Indianapolis attorney James Knauer hadn’t had much exposure to the cattle industry.
Attorney general files ‘notario publico’ civil suits
The Indiana Attorney General’s Office filed a pair of civil consumer deception lawsuits Wednesday against two non-attorneys for offering immigration services that constitute the unauthorized practice of law.
Trustee: Pastrick’s bankruptcy not an abuse
Reversing her decision from a month ago, a federal trustee has determined that former East Chicago Mayor Robert Pastrick’s income is not too high to qualify for Chapter 7 bankruptcy and his filing should not be considered to be an abuse of the process.
Brizzi discipline case could set new prejudice standard
The Indiana Supreme Court’s Disciplinary Commission wants to set a new standard of “actual prejudice” for attorney misconduct. In making that argument, the validity of two high-profile murder convictions that Carl Brizzi secured during his time as prosecutor in the state’s largest county are being questioned.