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.
Indiana Supreme Court
Articles
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.
Justices consider taking case involving death of baby
The Indiana Supreme Court heard argument Thursday morning in a case involving the death of a baby, hearing testimony as to whether the baby’s father claimed the child died accidentally.
Chatham Arch residential project set to move forward after legal battle
A legal challenge to a proposed mixed-use development in downtown Indianapolis’ Chatham Arch neighborhood will not be heard by the state’s highest court, paving the way for project to finally get under way after two years of delays.
Majority justices: RV dealer must pay taxes in ‘sham’ transactions
A northern Indiana recreational vehicle dealer who tried to avoid paying Indiana sales tax on out-of-state transactions by moving the RVs into Michigan before handing over the keys to customers must repay those taxes after a divided Indiana Supreme Court entered summary judgment in favor of the Indiana Department of Revenue.
Justices answer venue question in lifetime license forfeiture relief case
Indiana Supreme Court justices on Wednesday ruled that trial courts have jurisdiction to grant specialized driving privileges as relief from driver’s license suspensions imposed in other counties.
Murder convictions affirmed, remanded for sentencing statement
Indiana Supreme Court justices affirmed a man’s two murder convictions, finding his Miranda rights were not violated and that his sentence was appropriate. However, the high court remanded for a more specific sentencing statement as required.
Appeals court remands Hamilton Southeastern rate case to IURC
A Hamilton County sewer utility rate increase case that went all the way to the Indiana Supreme Court is going back to the state agency where it originated after an Indiana Court of Appeals ruling Wednesday.
Appellate courts seek extra $1M for legal aid, technology
Citing a need to further invest in Indiana’s civil legal aid infrastructure, the Indiana Supreme Court is asking the General Assembly to allocate an additional $1 million to the court in the next biennial budget to fund civil legal aid efforts.