Articles

Justices weigh whether child abuse reporter can sue DCS for breach of confidentiality

A southern Indiana church van driver who suspected children to be in need of services due to dangerous living conditions in his small community followed the law requiring him to report his suspicions. He didn’t want to provide his name, but he did so after a Department of Child Services hotline worker assured him his identity would remain confidential, as the law also requires.

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Courts open comment period on online records access plan

Trial court orders and judgments in most non-confidential civil and criminal cases will be posted and universally available online, but attorneys and parties to cases initially will have far greater access to filings than the public, according to recommendations now open for public comment.

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DCS insists no right to sue over disclosed identity

A state attorney argued before the Indiana Supreme Court Thursday that the Department of Child Services cannot be sued by a man who reported suspected child abuse but whose promise of confidentiality was violated when his identity was disclosed to those he reported.

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ISP officer loses whistleblower appeal

State workers alleging retaliation for whistleblower activities must first exhaust all administrative remedies before suing, the Indiana Court of Appeals held Wednesday, affirming a trial court ruling against a 27-year Indiana State Police officer.

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Q&A with the Indiana AG candidates

Voters on Nov. 8 will replace outgoing Indiana Attorney General Greg Zoeller. Indiana Lawyer asked the candidates, Democrat Lorenzo Arredondo and Republican Curtis Hill, to respond to the same five questions. Here’s what they had to say.

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State brief cites religion in defending fetal-remains statute

The state is continuing to defend Indiana’s fetal-remains statute that a federal judge blocked after a U.S. Supreme Court decision this year reinforced prohibitions against laws restricting a woman’s right to abortion. The state is relying in part on “astonishing” religious practices to make its case.

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Report: Indiana fails to provide consistent indigent defense

Indiana is failing to equally provide constitutionally guaranteed effective counsel to indigent people accused of misdemeanor, felony and juvenile offenses, according to a report released Monday. In some counties, poor people facing criminal charges are encouraged to negotiate directly with prosecutors before being appointed counsel.

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COA dismisses car-crash claim for lack of jurisdiction

A lawsuit filed after a car crash on Interstate 65 allegedly caused by an intoxicated driver was dismissed by the Indiana Court of Appeals Thursday, which ruled it lacked jurisdiction in a case the trial court appeared to dismiss after an appeal was filed.

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Split COA affirms denial of Land Rover civil forfeiture

Civil forfeiture of a heroin dealer’s Land Rover purportedly worth about $40,000 would be an unconstitutionally excessive fine, the majority of an Indiana Court of Appeals panel ruled Thursday, but a dissenting judge wrote that it shouldn’t matter whether the dealer used a shiny new car or a “beater” to facilitate his drug trade.

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