Articles

Betz: Lawmakers propose ‘radical’ bid to reshape judicial selection

By initiating a constitutional amendment based on misinformation, three Indiana Republican state senators, now joined by multiple others, have proposed a radical resolution to eliminate citizen involvement in the retention vote of appellate judges, changing the current selection process that has been in place for 50 years. This proposal also severely decreases judicial independence and increases the political pressure on our state’s appellate judiciary. Indeed, if successful, the proposal would give the legislative branch far greater control over the Indiana state appellate judges and justices. It would also further embed in Indiana’s Constitution more systemic racism.

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Plews and Gotwald: Contra proferentem — A bedrock of insurance coverage law

For more than 100 years, the principle that if a policy term is ambiguous it is construed against the insurer and in favor of the policyholder and coverage — known as “contra proferentem”—has been a foundation of Indiana’s insurance-coverage jurisprudence. The reasons supporting this rule are still as strong as ever.

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Conversations on race draw on power of candid talks

To capitalize on the talks that started during 2020, attorney Angka Hinshaw is joining Indiana Justice Steven David to lead a yearlong discussion about racial issues and cultural differences. The goal of the program, Open Conversations, is to foster honest, perhaps uncomfortable, dialogue where the participants can gain new insight and understanding.

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The next step: Civil forfeiture reform efforts continue in Indiana

Civil forfeiture is back before the judicial and the legislative branches of Indiana government. A Senate bill would implement forfeiture reforms that practitioners say have long been necessary, while a case scheduled to go before the Indiana Supreme Court this month for the third time could further refine how trial courts consider whether a forfeiture is lawful.

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