Disciplinary Actions – 1/24/18
Read about recent suspensions and a resignation from the practice of law in Indiana.
Court Order
Articles
Speedway attorney’s discipline added to indefinite suspension
A Speedway attorney with a lengthy disciplinary history has been suspended from the practice of law in Indiana for 90 days, a suspension that will run concurrently with the indefinite suspension he is already under.
Judge orders IBM to post $25M bond in Indiana welfare case
IBM Corp. must post a $25 million bond as it appeals a $78 million judgment in a long-running case that stems from the company’s failed effort to automate much of Indiana’s welfare services.
Tippecanoe Superior Court judge appointed to circuit court
A Tippecanoe County judge will retain jurisdiction over both the superior and circuit courts while a successor to his previous seat on the superior court bench is being sought.
Law school graduate’s case won’t be heard
A federal judge has reaffirmed his decision not to hear a law school graduate’s case against the members of the Indiana Board of Law Examiners, declining to grant a motion for reconsideration based on a finding that the board’s proceedings against him were not in bad faith.
Magistrate judge slams ‘troubling trend’: lawyers ignoring orders
Note to lawyers with cases in the Southern District of Indiana: don’t give the overworked judicial officers cause to call you out for missing deadlines or shrugging off orders. Magistrate Judge Tim A. Baker did just that in a blistering two-page order issued Friday.
Rule limiting Indiana horses’ out-of-state racing struck down
Indiana’s rule barring horses purchased in claiming races from racing outside the state for 60 days was struck down by a federal judge Wednesday as an impermissible restriction of interstate commerce. The judgment may impact similar rules in other states.
Justice Kennedy temporarily restores Trump’s refugee ban
A U.S. Supreme Court justice issued a short-term order restoring President Donald Trump’s ban on thousands of refugees seeking entry to the country.
Judge to IMS Stones’ concert promoter: ‘you can’t always get what you want’
A lawsuit arising from an accident after the Rolling Stones’ concert at Indianapolis Motor Speedway on July 4, 2015, will roll on after a judge found guidance in famous lyrics of Mick and the boys.
Judge tosses suit challenging school board prayers
A judge has thrown out a retired teacher’s lawsuit challenging the customary opening Christian prayer at Franklin Township School Board meetings.
Judge orders Carmel to halt work on 96th Street roundabout project
The city of Carmel has been ordered by a Boone County judge to cease any work on its proposed 96th Street roundabout project, which is the subject of an ongoing land dispute with Indianapolis.
DOC must provide meat-based diet to Muslim inmate at State Prison
The Indiana Department of Correction must provide a Muslim inmate at a maximum-security prison in Michigan City with kosher meals that include meat after a district judge determined that the prison’s refusal to serve the man a meat-based diet violates his religious beliefs.
Supreme Court amends appellate, administrative, Tax Court rules
Amendments handed down Thursday make a variety of changes to Indiana’s appellate, administrative and Tax Court rules, including amendments related to use of technology in the courts.
Amended rules address technological competence, judicial disqualification waiver
The Indiana Supreme Court has announced amendments to various court rules, including adding language about technological competence and new guidance on judge disqualification procedures.
Ruling casts doubt on lawyer’s Indy photo copyright
The copyright on a photo of the Indianapolis skyline that a lawyer has used to sue hundreds of people might not be valid, a judge ruled, because the photo was first used on a website of the law firm where the attorney was once employed.
7th Circuit clears Bartholomew jail officers in inmate death
The 7th Circuit Court of Appeals has affirmed the grant of summary judgment to Bartholomew County Sheriff’s Department officials who interacted with a man who later died in the county jail, finding the man’s estate failed to prove the officials were deliberately indifferent to the man’s medical concerns.
DCS caseworker must face damages trial in illegal search suit
A federal judge ruled against a Department of Child Services case manager who illegally searched an Indianapolis veterinarian’s apartment after receiving a report of suspected child abuse or neglect. The case manager now must face a damages trial in the vet’s civil suit against her.
TV station challenging ban on airing court audio
A case currently before the Indiana Court of Appeals could have a precedential effect on the process judges must go through before prohibiting the broadcasting of court recordings, as a northern Indiana TV station argues for answers as to why it was banned from airing a court-provided recording of a sentencing hearing in a high-profile case.
Trial court judge returning to bench after Guantanamo Bay deployment
An Indiana trial court judge who has spent the last year serving at Guantanamo Bay will return to his post in the Hoosier state this month.
Supreme Court divided on marijuana case, denies transfer
A deadlocked decision on whether to hear a case involving Fourth Amendment and similar state rights has led the Indiana Supreme Court to deny transfer to the case, with two justices dissenting on the denial of transfer.