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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.

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.

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.

Disciplinary Actions

See who has been disbarred or suspended during the most recent reporting period.

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.”

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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.

Bar groups oppose expanded grandparent visitation bill

The Indiana Senate Judiciary Committee pumped the brakes on a bill that would allow grandparents and great-grandparents to seek visitation with their grandchildren despite estrangements with the children’s parents after two leading Indiana bar association groups spoke out against the proposed legislation.   Head Committee chairman Sen. Randy Head declined to call for a vote […]

DCS still drawing numerous reform bills in Legislature

Legislators in 2018 introduced a slew of bills trying to bring more collaboration and modest adjustments to the Department of Child Services. Lawmakers this year have introduced at least 25 bills impacting CHINS, foster parents and DCS caseloads, among other things.

Indiana case shines spotlight on solitary confinement

No one denies that Aaron Isby-Israel made bad, even criminal, choices that landed him in the Indiana Department of Correction. What is disputed is whether Isby should have remained in solitary confinement for a total of 28 years.

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