Indiana Court Decisions — Dec. 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
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Bad business: Disciplinary Commission warns of ‘license rentals’
The Indiana Supreme Court Disciplinary Commission addressed such questionable relationships in an advisory opinion that cautions Hoosier attorneys against “license rental” partnerships with out-of-state law firms or non-lawyer service groups. Through these partnerships, Hoosier attorneys lend their services to the out-of-state firm or non-lawyer group in exchange for a fee paid for limited client representation in Indiana.
Supreme Court committee seeks comment on amendments to ‘lazy judge’ rules
The Indiana Supreme Court is seeking comment on proposed changes to trial rules that govern what happens if a trial judge fails to timely rule on a motion and that would remove Supreme Court involvement in the appointment of a special judge. The court’s Committee on Rules of Practice and Procedure is considering amendments to Indiana Trial Rules 53.1 and 53.2.
New rule: Pence, lawyer Congress members exempt from CLE
Indiana lawyers who are members of Congress, senators or vice president no longer have to worry about meeting continuing legal education requirements under a rule adopted this week by the Indiana Supreme Court. The new rule also decreases CLE credits required for state lawmakers who are attorneys.
Supreme Court to travel, invites amici in smartphone privacy case
The Indiana Supreme Court will hit the road early next year to hear oral argument in a first impression case involving smartphone privacy. Justices also have invited amicus parties in the case as they seek to determine whether law enforcement can force a woman to unlock her phone as part of a criminal investigation.
Justices take 2 cases, deny 18, split over 2
Indiana Supreme Court Justices granted transfer in two cases last week concerning a father convicted of killing his infant daughter with a pillow and a piecemeal child in need of services adjudication.
Lawyer doesn’t help his own cause in federal court discipline matter
A Merrillville lawyer who asked the U.S. District Court for the Southern District of Indiana to reconsider discipline imposed on him drew a harsh reply from the court, which said his conduct “lends further support to … concerns about his competence as a lawyer.” The district court denied John H. Davis' motion to reconsider his removal from the court's Roll of Attorneys last week.
Supreme Court certifies another 50 senior judges for 2019
The Indiana Supreme Court has certified or re-certified 50 judicial officers as senior judges for the coming year.
Lawyer facing jail time for forgery, counterfeiting
A northern Indiana lawyer could be sentenced to nearly two years in jail after she pleaded guilty Tuesday to forging a judge’s name on a phony divorce decree and sending a bogus email bearing a deputy prosecutor’s name. Jill N. Holtzclaw of Decatur pleaded guilty to Level 6 felony counts of forgery and counterfeiting Tuesday in Adams Superior Court.
Justices appoint judge pro tem in Scott Circuit Court
Scott Circuit Court Judge Jason M. Mount will temporarily step down from his seat on the bench after informing the court he would be unable to perform the duties of his office, a Friday order of the Indiana Supreme Court announced.
Attorney charged with forgery gets fifth suspension of 2018
A northern Indiana attorney charged with felony forgery of a judge’s signature received her fifth suspension of the year for failure to cooperate with another Disciplinary Commission investigation of a grievance against her. Four of the suspensions remain active.
On remand, divided COA again allows modification of fixed-plea sentence
A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.
Justices grant transfer to smartphone self-incrimination appeal
The Indiana Supreme Court granted one petition to transfer last week, agreeing to hear a case of first impression in which law enforcement officers were barred from forcing a woman to unlock her smartphone as part of a criminal investigation.
Disciplinary Commission: ‘License rental’ model with non-Hoosier attorneys poses ethics risk
The Indiana Supreme Court Disciplinary Commission is warning lawyers of the potential ethical pitfalls that can arise when Hoosier attorneys affiliate themselves with out-of-state law firms or non-lawyer legal services companies. Such relationships could allow the non-Indiana groups to offer legal services in the Hoosier state without actually having to be a member of the Indiana bar, the commission said.
Justices make amendments to appellate ‘Notice of Defect’ rules
The Indiana Supreme Court has made amendments to how attorneys and litigants are required to respond when their appellate filings do not comply with Indiana Rules of Appellate Procedure. An order from the court inserts new language into Appellate Rule 23 related to correcting filing defects and creates a new appendix to the rule.
Disciplinary Actions – 12/12/18
Read who was suspended from the practice of law during the most recent reporting period.
Rent-to-own lawsuits rise in federal, state courts
Katrina Carter and Quentin Lintner are continuing to fight for their piece of the American dream even after the Indiana Court of Appeals closed the door on their attempt to get restitution from the company that put them in an uninhabitable home under a rent-to-own contract. They are not alone in litigation arising from such arrangements.
Indiana Bar Exam faces its own test
As bar exam passage rates continue to decline and a majority of states move to a Uniform Bar Examination, the Indiana Supreme Court is taking steps to determine if the Hoosier state should follow suit and change its gateway test for admission to the Indiana bar.
Hoosier civil forfeiture case at SCOTUS tests excessive fines prohibition
Marion resident Tyson Timbs never expected to be the face of civil forfeiture reform at the United States Supreme Court. Several times during his five-year legal battle, Timbs wanted to throw in the towel. Sometimes, all he wanted was to put his past trouble with the law behind him. But he also said he wanted to fight against what he views as widespread unjust civil forfeiture practices.
Brown County attorney resigns over disciplinary action
The Indiana Supreme Court on Thursday ordered a public reprimand of an Evansville attorney and accepted the resignation of a Brown County attorney who was facing multiple professional misconduct and trust account violations.