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Hull: Trump election suits pose challenge for legal profession, bar

January 6, 2021

On Dec. 3, 2020, the group Lawyers Defending American Democracy issued a “Call for Bar Condemnation and Investigation of President Trump’s Campaign Lawyers for Subverting American Democracy.” I am one of the hundreds of lawyers who signed. I did so not only because of the present constitutional crisis, but for an additional individual reason: to personally honor the valiant work of the lawyers in the NAACP Legal and Education Fund Inc. and to mark a distinction between their achievements and the damage to our profession inflicted by these recent worthless cases.

The fight to unite: International adoptions suffer under COVID-19 restrictions

January 6, 2021 | Olivia Covington

International adoptions were already on the decline, lawyers say, and there’s concern that COVID could further reduce them. However, there are ways to unite families even as a pandemic keeps borders closed.

Applegate: What to do after an Alzheimer’s disease diagnosis

January 6, 2021 | Carol Applegate

The diagnosis is in. Unfortunately, you or a loved one is diagnosed with the beginning stages of Alzheimer’s disease. Obviously, the first step is to work with your doctor to slow the progression. However, there are legal steps you need to take as quickly as possible.

Despite tech, court reporters say they’re here to stay

January 6, 2021 | Olivia Covington

Even as digital recording is grows, charged sentiment surrounds the use of artificial intelligence in court reporting, industry experts say. According to some, there’s a middle ground to be found: embracing technology to increase efficiency while also relying on humans for nuance.

CHINS filings stabilize after surge in recent years

January 6, 2021 | Katie Stancombe

Filings for child in need of services and termination of parental rights cases have swung in opposite directions in the past few years, according to statistics released recently by the Indiana Supreme Court.

Stafford: American legacies, for good or ill, now forming

January 6, 2021 | Dave Stafford

A few lawyers have gone to court since Donald Trump lost, attempting a legal coup arguing that 74 million is greater than 81 million. By no coincidence, the votes these lawyers seek to disqualify — to vilify — are almost without exception those cast by Black voters. I take comfort, though, knowing the American rule of law, such as it is, stands because men and women of goodwill guard it.

Indiana Court Decisions – Dec. 16-29, 2020

January 6, 2021

Read Indiana appellate court decisions from the most recent reporting period.

Soshnick: The income conundrum in Indiana divorce law

January 6, 2021 | Andrew Z. Soshnick

One of the perplexing areas of Indiana divorce law is “income.” At first blush, that vexation seems out of place. Upon closer inspection, the confusion is understandable. Why? The reason is that there frequently are disputes as to whether payments are income or property in divorce cases.

IndyBar: Thank You, 2020 Indianapolis Bar Association & Foundation Leaders!

January 6, 2021 | From IndyBar

During an incredibly challenging year, Indianapolis Bar Association & Foundation leaders continued to step up for the benefit of the profession and our community. We are extremely grateful to these members for giving so generously of their time and talent in the midst of so many challenges.

DTCI: Meet the 2021 DTCI Board of Directors

January 6, 2021 | From DTCI

Meet the officers and directors of the Defense Trial Counsel of Indiana, who were elected at the November annual meeting. They assumed office January 1.

IndyBar: Bon Voyage, 2020! From the Most 2020 IndyBar President Ever …

January 6, 2021 | Andrew L. Campbell and From IndyBar

What I’ve learned from my leadership of IndyBar in 2020 is that our profession is more prepared and resilient than I could have imagined. Now, as we slowly begin to emerge from the pandemic, we will begin to see the ways in which our profession has changed for the short- and long-term.

IndyBar: Meet the President – Jimmie McMillian

January 6, 2021 | Andrew L. Campbell and From IndyBar

Happy New Year! It is a true honor and privilege to serve as the 2021 President of the Indianapolis Bar Association. I am committed to working with our outstanding Board of Directors, committee, section and division leaders and staff to continue to meet and exceed our commitment to the practice of law, continuing legal education and community service.

 

Makris: Review of notable Indiana property division cases in 2020

January 6, 2021 | Nicole Makris

In 2020, the Indiana Court of Appeals issued three notable decisions relating to the division of property in dissolution of marriage cases. From the interpretation of asset appreciation in premarital agreements to the admissibility of mediation evidence in actions to avoid or enforce a settlement agreement, the following are three cases that provide valuable takeaways for family law practitioners.

Bloomington woman pleads guilty to climbing Mount Rushmore

January 5, 2021 | Associated Press

An Indiana woman has pleaded guilty to climbing Mount Rushmore, a federal violation.

Opinions Jan. 5, 2021

January 5, 2021

7th Circuit Court of Appeals
Cheryl Kellogg v. Ball State University, d/b/a Indiana Academy for Science, Mathematics and Humanities
20-1406
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim Baker.
Civil. Reverses the Indiana Southern District Court’s award of summary judgment to the Indiana Academy for Science, Mathematics and Humanities on Cheryl Kellogg’s claims under Title VII and the Equal Pay Act. Finds the district court’s finding that the academy proffered what the court believed were undisputed gender-neutral explanations for Kellogg’s pay was incorrect. Also finds David Williams’ statement contradicts the academy’s explanations for Kellogg’s pay and puts them in dispute. Finally, finds Kellogg can rely on Williams’ statement even though he uttered it outside the limitations window. Remands for further proceedings.

Potential for veto override of housing bill stirs call to action

January 5, 2021 | Marilyn Odendahl

Fears of an attempt to override Gov. Eric Holcomb’s March 2020 veto of a housing bill is spurring housing advocates to publicly call on the Indiana Legislature to not resurrect SEA 148, particularly when many Hoosiers are continuing to struggle under economic stress brought by the COVID-19 public health crisis.

Woman denied higher starting salary ‘because’ husband had a job wins reversal in pay discrimination case

January 5, 2021 | Katie Stancombe

A Muncie teacher who sued her employer after being told that her starting salary didn’t need to be higher because her husband had a job has secured a reversal in her favor on her pay discrimination claims.

Bill would give lawmakers opportunity to weigh in on governor’s emergency order extensions

January 5, 2021 | Lindsey Erdody, Indianapolis Business Journal and IL Staff

Nine months after Gov. Eric Holcomb first put Indiana under a public health emergency, a top Indiana House Republican has filed a bill that would require a special session before the governor could extend an emergency order beyond an initial 30 days.

Justices urged to clear Putnam Co. prosecutor over undisclosed testimony deal

January 5, 2021 | Dave Stafford

The elected Putnam County prosecutor should not be disciplined for accusations that he failed to disclose a deal for testimony from a witness who claimed he was wrongly identified, placing him in danger behind bars as a “snitch.”  The hearing officer in Timothy Bookwalter’s attorney discipline case said the prosecutor violated no rules, should not be punished and urged the Indiana Supreme Court to re-examine the ethical duties of prosecutors.

Disciplinary Commission director Witte to retire

January 5, 2021 | IL Staff

Longtime attorney discipline executive director G. Michael Witte will retire from his post, the Indiana Supreme Court has announced. Witte, a former trial court judge who has overseen the disciplinary commission for a decade, will step down next month.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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