Longtime Warsaw attorney resigns amid misconduct allegations
A Warsaw attorney with nearly 50 years’ experience has resigned from the Indiana bar after facing an investigation by the Indiana Supreme Court Disciplinary Commission.
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Decatur lawyer convicted of forgery, counterfeiting suspended again
A Decatur lawyer sentenced to nearly nine months for forgery and counterfeiting convictions and disciplined five separate times last year has again been indefinitely suspended from the practice of law in Indiana for noncooperation. The Indiana Supreme Court indefinitely suspended Jill N. Holtzclaw on Thursday, effective immediately.
Justices consider admissibility of disciplinary history of medical expert
Indiana Supreme Court justices heard oral argument Thursday in a minor fender bender case that resulted in a $1.3 million verdict, considering whether questions regarding a medical expert witness’ disciplinary history and competence should have been admitted.
Bar exam review commission opens meetings to public
A 14-member study commission appointed to review the Indiana Bar Exam in light of the ongoing decline in passage rates will hold a series of 10 monthly meetings, all open to the public, at the Indiana Statehouse beginning next week.
David, Rush publish dissent as high court lets stand sentencing via video
Indiana’s chief justice and the most senior jurist on the Indiana Supreme Court published a sharp dissent Tuesday from a 3-2 ruling that could pave the way for defendants to be sentenced via video. Chief Justice Loretta Rush and Justice Steven David argued in the minority that defendants have a constitutional right to be physically present when a judge imposes a sentence for a crime.
Tenure requirement waived to certify St. Joseph senior judge
The Indiana Judicial Nominating Commission has waived certain criteria in the certification of a new senior judge, finding ‘exceptional circumstances’ existed to warrant the waiver.
Lake Michigan public access bill advances; SCOTUS to confer on appeal
A bill that defines the shore of Lake Michigan as belonging to the public and spells out public recreational uses of the shoreline has moved to the full Indiana Senate. Meanwhile, a petition seeking to privatize Indiana’s Great Lakes beaches will be before justices of the Supreme Court of the United States this week.
Five more senior judges certified, re-certified for 2019
The Indiana Supreme Court has certified and re-certified an additional five judicial officers as senior judges for 2019.
Judicial clerkship pilot to expose Maurer 1Ls to rural practice
The Indiana University Maurer School of Law and the Indiana Supreme Court have announced a pilot program in which up to five 1L students committed to public service will work with judges throughout the state.
State, national groups support Indiana public defense reform
Leaders of state and national criminal justice organizations are declaring their support for the Indiana Public Defender Commission’s reform initiative, which the commission is presenting to the Indiana General Assembly this year in an effort to secure additional funds to expand and improve indigent defense services statewide.
Supreme Court warns against city, town court judges assuming role of prosecutor
A word of discretion was offered to judicial officers Monday when Indiana Supreme Court justices condemned the impropriety of assuming a prosecutor’s duties, a message shared in a disciplinary opinion elaborating on the judicial ban of a former New Haven City Court judge.
Indiana Court Decisions — Jan. 18-30, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Former Carroll Co. judge named Clinton Co. judge pro tem
A former Carroll County judge has been appointed to oversee the Clinton Superior Court while the sitting judge is deployed on military duty.
Judiciary chiefs, legal leaders offer women in the law advice
A recent discussion highlighted women judicial leaders and lawyers working in both state and federal law, giving them the opportunity to share their struggles and advice for young female barristers striving to advance in their legal careers.
Pursuit of happiness can’t blunt man’s marijuana conviction
A man arrested for smoking a blunt in Indianapolis failed to convince the Indiana Court of Appeals that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness. The appeal also raised the issue of the Hoosier State now being among a minority of states that have yet to legalize marijuana in some form.
Senior judge to serve as Lake Superior pro tempore
A retired Porter County judge will begin serving as a judge pro tempore in the Lake Superior Court, Civil Division 4 after the sitting judge transfers next week.
Hendricks Judge Freese faces discipline charges
A Hendricks County judge and former leader of the Indiana Judges Association is facing disciplinary charges stemming from allegations that he appointed a friend as trustee of an estate case, then failed to take prompt action upon learning that the man was not fulfilling his duties and was possibly stealing from the trust.
Split justices uphold ruling for insurer in truck crash that killed 3
Justices of the Indiana Supreme Court decided in a 3-2 vote last week to let stand a ruling that an insurance company owes no duty to victims of a truck crash in which the driver knowingly operated the vehicle with faulty brakes.
Justices grapple with refiling of similar CHINS case
As Indiana’s executive and legislative branches work to implement reforms in the Department of Child Services and boost funding, the judicial branch is also reviewing the department in a case that could decide whether child welfare cases are subject to res judicata.
Public Defender Commission seeks funds for misdemeanors, appellate office
Guided by a task force report that calls for major reforms to Indiana’s indigent defense system, the Indiana Public Defender Commission is seeking additional funds in the state’s next biennial budget to improve defense services for indigent clients.