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DCS reform bill passes House
The Indiana House of Representatives has unanimously signed off on a bill implementing reforms in the Indiana Department of Child Services – a bill that is just one of several designed to assist the troubled state agency.
Opinions Jan. 22, 2019
Indiana Court of Appeals
In the Matter of L.N., Jr., a Child Alleged to be a Child in Need of Services; C.N. (Mother) and L.N., Sr. (Father) v. Indiana Department of Child Services
18A-JC-1666
Juvenile CHINS. Reverses the Allen Superior Court’s adjudication of L.N.,Jr. as a child in need of services. Finds there is insufficient evidence to prove that L.N., Jr. was seriously endangered as a result of his parents’ mental health issues. Also finds that future concerns for his safety are not enough to support a CHINS determination.
Rallies at Statehouse show divide over Roe still wide after 46 years
On the 46th anniversary of the landmark Roe v. Wade decision legalizing abortion, supporters and opponents scheduled rallies at the Indiana Statehouse, underscoring the deep divide over the ruling that remains more than four decades later. Advocates of reproductive rights gathered on the fourth floor of the Statehouse Tuesday to begin their push for Senate Bill 589, while Indiana Right to Life had a rally scheduled for Tuesday afternoon.
Supreme Court releases censored appeal by foreign government
An unidentified foreign government is asking the Supreme Court to get involved in a case that may be part of special counsel Robert Mueller’s Russia investigation. The appeal doesn’t identify the country, a company it controls or even the lawyers who are representing it, but it says the justices should make clear that a federal law that generally protects foreign governments from civil lawsuits in the U.S. also shields them in criminal cases.
Justices to hear ‘piecemeal’ CHINS litigation, auto part supply cases
Indiana Supreme Court justices will hear oral argument in two cases this week, including a dispute over “piecemeal” litigation in a children in need of services case and an auto assembly supply dispute coming before the court on petition to transfer.
Legislature takes first step toward regional public defender offices
The Indiana General Assembly has taken the first step toward allowing Indiana counties to create regional public defenders’ offices, a change that has been championed as a means of reducing public defender caseloads and eliminating the appearance of judicial impropriety when appointing indigent defense.
Web exclusive: Hoosier legislators make second attempt at regulating hemp
In 1943, an Indiana farmer grew hemp on Hoosier soil to produce manufactured fibers, contributing to the efforts of World War II. More than 70 years later, his son is now poised to grow that same hemp legally in the state for the first time since.
Reversal: CHINS adjudication unsupported by future safety concerns
The Indiana Court of Appeals reversed the adjudication of a baby found to be a child in need of services after finding that the Department of Child Services failed to prove the parents’ mental health issues seriously endangered the baby.
Justices agree to hear Rainbow Realty rent-to-own dispute
The Indiana Supreme Court granted transfer to two cases last week, including a rent-to-own contract dispute that Indiana Legal Services claims could adversely impact Hoosier tenants across the state if not reviewed by the high court.
IndyBar: Five Tips on Retirement Plans in Light of the Recent Tax Act
Almost every client estate planning attorneys encounter has a retirement plan that makes up part of his or her estate. As a result, it is important to understand the rules that govern retirement plans and the income tax consequences that may affect both clients and beneficiaries.
IndyBar: Meet the Indianapolis Bar Foundation President
Who’s the new IBF president? We sat down with Mark Waterfill to give you an exclusive peek inside the mind of the IBF’s newest leader! Check it out!
Indiana Court Decisions — Jan. 3-17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Disciplinary Actions
See who has been disbarred or suspended during the most recent reporting period.
Hammerle On … “On the Basis of Sex,” “If Beale Street Could Talk”
Movie reviewer Robert Hammerle says a new film about Justice Ruth Bader Ginsburg should be required viewing, while “If Beale Street Could Talk” is Oscar-worthy, if heartbreaking.
Incoming law dean Cole brings ‘lifelong love for Notre Dame’
Any other law school probably would not have sparked G. Marcus Cole’s interest. “I’ve always had a lifelong love for (the University of) Notre Dame and what it stands for,” said Cole, who recently was named the incoming dean. “It was someplace I always wanted to be.”
DTCI: Indiana Trial Rule 6(E): A fickle savior on filing deadlines?
It’s 2 o’clock on a random Wednesday morning, and you just woke up realizing you failed to respond to requests for admissions that were due yesterday. In the immortal words of Homer Simpson: “D’Oh!” Not to fear, because Indiana Trial Rule 6(E) is your savior! Or is it?
Federal Bar Update: The 3-business-day provision for seeking extensions of time
Effective Dec. 1, the Southern District of Indiana adopted various Local Rules amendments, specifically to Local Rules 5-2, 5-3 and 5-7 (electronic filing); Local Rule 6-1 (extensions of time); Local Rule 81-2 (removed actions), and; Local Rule 83-5 (admission). The amendments to Local Rule 6-1(a) are significant in that they impact the process of seeking extensions of time for filing deadlines.
JLAP: Lawyer wellness push extends beyond law firms
The recent emphasis on lawyer well-being is not limited to private law firms. Corporate legal departments, the public sector and other legal employers are embracing some of the wellness initiatives being implemented at many law firms.