Indiana Court Decisions — Sept. 13-26, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
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Indiana justices accept another NIPSCO case
The Indiana Supreme Court has accepted transfer of another dispute over utility rates where the Northern Indiana Public Service Co. is a defendant.
Supreme Court amends financial contribution reporting rules
Indiana attorneys will soon be required to report an additional type of financial contribution to the Indiana Supreme Court. Under amended Rule of Professional Conduct 6.7(a)(3), Hoosier attorneys will be required to report any monetary contributions made to an “IRC 501(c)(3) bar foundation in Indiana which provides financial support to a qualifying legal service organization or local pro bono district" starting Jan. 1.
Judge pro tem appointed to replace Lake Superior Judge Villalpando
A judge pro tempore has been appointed to perform the duties of Lake Superior Court judge Jesse M. Villalpando, whose name was recently removed from the Nov. 6 general election ballot. A Friday order announced the Lake Superior Court judge will take leave from the bench beginning today and will remain on leave for the duration of his elected term, while attorney Stephen A. Tyler will serve in his place as judge pro tem.
Supreme Court agrees to decide fate of Yorktown clerk-treasurer’s job
The Indiana Supreme Court has agreed to decide whether Yorktown can forcibly remove its clerk-treasurer from office, a decision the clerk-treasurer’s attorney told the justices could have implications beyond his client.
Justices consider ouster of Yorktown clerk-treasurer
Choosing to forcibly remove an elected official from office is a weighty decision, one that requires government officials to go against the will of the voters — presumably for the public good. In theory, an impeachment occurs only when an elected officer has egregiously failed to perform his or her duties, leaving no choice but to force the official to vacate her office.
Justices tweak NIPSCO rate hike denial to allow recovery of cost overruns
Revisiting a decision that limited how utilities can pass the bill for future costs to ratepayers, the Indiana Supreme Court on Tuesday tweaked its earlier opinion to insert language in a modified decision that now will allow utilities to recover project cost overruns in utility rate increases.
Public Defender Commission announces legislative priorities
The Indiana Public Defender Commission has announced plans to begin a legislative effort intended to stir statewide public defense reform, a decision that comes on the heels of a task force report that highlighted shortcomings in the Hoosier indigent defense system.
Indiana Supreme Court greenlights blocked railroad crossings
A unanimous Indiana Supreme Court sent a message Tuesday to Hoosier motorists stuck at railroad crossings waiting for trains to pass: relax, you’re going to be there awhile. The court struck down a state law limiting blocked crossings to 10 minutes, holding that such regulations were pre-empted by federal law.
Justices amend appellate, small claims rules
The Indiana Supreme Court has issued several orders amending rules of the court. Among them is a change that requires any appellate party to seek court permission to amend a filed appendix, and allows trusts and trustees to represent claims of less than $1,500 without counsel in small claims cases.
Supreme Court to hear OWI case based on observed speeding stop
The Indiana Supreme Court granted transfer to a case on Monday involving a defendant’s motion to suppress evidence from a traffic stop that led to his arrest.
Bar pass rate, e-filing completion among justices’ top priorities
Indiana Supreme Court justices gathered Tuesday morning to answer questions about e-filing goals, bar exam concerns and increased rates of self-reported lawyer and judge wellbeing, among other highlights of the court’s 2017-2018 annual report.
Justices discuss annual report: bar exams passage, E-filing goals
Indiana Supreme Court justices gathered Tuesday morning to answer questions about its 2017-2018 annual report, including e-filing goals, bar exam concerns and increased rates of self-reported lawyer and judge well-being.
Chamber names Rush 2018 Government Leader of the Year
Indiana Chief Justice Loretta Rush has been named the state’s 2018 Government Leader of the Year by the Indiana Chamber of Commerce, which cited her commitment and organizational skills in leading the state’s judiciary.
Mental health, diversity may become required CLE
Lawyers soon could be required to earn continuing legal education credits in diversity and inclusion and mental health and wellness under a proposal the Indiana State Bar Association House of Delegates will consider next month. It’s one of two resolutions delegates will consider.
Indiana Court Decisions — Aug. 29-Sept. 12, 2018
Read Indiana appellate decisions from the most recent reporting period.
Justices to hear semi worker wrongful death case
The Indiana Supreme Court granted transfer to two cases last week, including a decision that found a semi-tractor component manufacturer liable for the death of a construction worker.
Evansville attorney disciplined for lack of diligence
The Indiana Supreme Court privately reprimanded an Evansville attorney Friday after he failed to act with reasonable diligence and promptness in communicating with clients whose homestead was burned in an act of vandalism that appeared to be racially motivated.
Justices: Evansville, Fort Wayne partly liable for police sex assaults
The Indiana Supreme Court affirmed two cities were entitled to summary judgment on the common-carrier theory, but not on the issue of liability under respondeat superior’s scope-of-employment rule in a consolidated civil lawsuit involving two women who were sexually assaulted by on-duty police in Evansville and Fort Wayne.
Absent juvenile did not waive rights, split Supreme Court rules
The Indiana Supreme Court split over whether a juvenile waived his right to be present when he skipped his hearing, but the justices came together in calling for a legislative remedy. Justices in a 3-2 decision reversed the teen’s juvenile delinquency adjudication.