In This Issue of Indiana Lawyer

SEPT. 29-OCT. 12, 2010

In Indiana Lawyer's exclusive interview with attorney and state representative Edward DeLaney, read his thoughts on his attack, civility, and screening applicants to the bar.  See why attorneys think discrimination cases are on the rise. Meet Indiana's newest Supreme Court justice.

Top StoriesBack to Top

Boone Circuit Judge Steven David to succeed retiring Justice Theodore R. Boehm

Judge Steven H. David said he would have been content staying in his job as Boone Circuit judge for the rest of his legal career. But he took a chance, overcoming an initial doubt that he should apply for an Indiana Supreme Court opening and ultimately rising to the top of 34 attorneys and judges to become the state’s 106th justice.

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Judicial selection process has no formula

Selecting a new Indiana Supreme Court member is a transparent process until it reaches the governor, and then the action moves behind closed doors and the legal community is left holding its collective breath until learning who will be the state’s next justice.

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Medicaid applicants facing ‘tremendous hurdles’?

When filing a claim for Medicaid disability benefits, the process sounds straightforward: Complete an application that includes all disabilities that would make the case that you deserve the benefits. If your application is deemed sufficient by a Medicaid Medical Review Team, you get the benefits. If not, you receive a one- or two-page letter that includes information about how you can appeal.

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Juvenile reform continues after ’09 summit

No follow-through. That was a complaint voiced by attendees of last year’s summit to discuss juvenile justice matters in Indiana about many similar conferences they’d attended before: there was no follow-through.

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Valparaiso building restored to house Lawyering Skills Center

The inside of Heritage Hall, named for a music professor and one of the oldest buildings on the campus of Valparaiso University, has been redesigned as the law school’s Lawyering Skills Center and will soon welcome the Valparaiso University School of Law Clinical Program back to its old location.

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Commission narrows Tax Court applicants

The Indiana Tax Court logo symbolizes what will remain the same next year, even though the only person who’s ever presided on that appellate bench will change for the first time since that court was created more than a quarter century ago.

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5 vie for spot on judicial commissions

Openings on the Indiana Supreme Court and state Tax Court in recent months have put more focus on the selection process and what goes into choosing appellate jurists, leading to increased interest from the legal community about who has a voice in deciding nomination and other judicial qualifications issues.

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Johnson-Bradford

ISBA Business Law Section helps nonprofits

While many attorneys may want to do pro bono work, not all of them are comfortable taking on what could end up being a lengthy and possibly complicated family law case, which is the majority of cases the pro bono districts around the state tend to handle.

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FocusBack to Top

Discrimination cases rising

As people lose their jobs in a rough economy, it’s obvious that unemployment claims go up – and stay up – as it is more difficult to find new work.

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OpinionBack to Top

In BriefBack to Top

Court: Slow start for optional e-filing

Marion Superior Courts have fully implemented e-filing for civil collections and mortgage foreclosure cases, but law firms and attorneys are not en masse embracing the change that’s currently a voluntary choice.

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7th Circuit mulls adult-business laws

The 7th Circuit Court of Appeals is considering whether a Southern District of Indiana judge correctly weighed evidence in granting a preliminary injunction that stopped Indianapolis from enforcing a 2002 ordinance regulating adult-business hours.

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7th Circuit hears Cinergy appeal

The 7th Circuit Court of Appeals is considering the appeal involving the 2009 retrial on clean-air rule violations at a coal-fired power plant in southeast Indiana.

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Judge leaves for Afghanistan mission

After a year of preparation, Marion Superior Juvenile Judge Marilyn Moores left for an 11-month mission to Afghanistan to help rebuild the war-torn country’s farming and agricultural infrastructure.

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ACLU conference, dinner open to all

The Indiana University School of Law – Indianapolis will host the American Civil Liberties Union of Indiana Student Conference that will focus on issues faced by students at the high school, college, and law school levels.

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Lenders meet with borrowers at event

Following a statewide event Sept. 1 to help to homeowners who were concerned they might be facing foreclosures, the Indiana Foreclosure Prevention Network hosted another event Sept. 16 in Indianapolis.

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Judicial candidate put back on ballot

A Highland attorney is back on the ballot for a Lake Circuit judge opening after he received a temporary restraining order and preliminary injunction that say the Indiana Election Commission shouldn’t have removed his name as a candidate for the general election.

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Indiana gets new federal magistrate

For the first time since the early 1980s, the Southern District of Indiana has gotten approval to hire a new full-time federal magistrate. The U.S. Judicial Conference, which is the policy-making arm of the federal court system, approved during its annual fall meeting on Tuesday the Indianapolis-based magistrate spot along with three others throughout the country.

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Disciplinary ActionsBack to Top

Bar AssociationsBack to Top

Red Masses mark start of legal term

The tradition of the Red Mass, which commemorates the beginning of the legal term each fall and blesses members of the legal community, continues in Indiana. Typically the Red Mass takes place in a Catholic church but is open to people of all faiths.

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DTCI: Existing duty is prerequisite of negligence

To prevail on a claim of negligence, a plaintiff must show that a duty exists, that the duty was breached, and that damages resulted from that breach. It goes without saying that there can be no negligence or liability where there is no duty.

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IBA: $136,000 Put to Work by Bar Foundation

So far in 2010, the IBF awarded over $136,000 in grant support for IBA initiatives and to agencies with projects consistent with the IBF mission of advancing the administration of justice and understanding of law through philanthropy, education and service.

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IBA: Did You Know?

Depression will affect more than 19 million Americans this year, and according to a Johns Hopkins University study lawyers have the highest rate of depression among the 28 occupations they reviewed.

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