The Indiana Attorney General's Office made an appearance in the 7th Circuit Court of Appeals in Chicago this morning, arguing that the state's automated dialing statute is constitutional. Indiana Attorney General Steve Carter filed lawsuits in state court last year against FreeEats.com Inc., a Virginia-based company making automated calls on behalf of Economic Freedom Fund […]
This summer’s training for Project PEACE – Peaceful Endings through Attorneys, Children, and Education – originally scheduled for July 16-18, has been canceled because of a lack of registrations from teachers. An extended deadline failed to draw any more registrations. The training might be rescheduled for sometime after the start of the 2007-08 school year. Project PEACE is a peer mediation program implemented by the Indiana Department of Education with support from the Indiana State Bar Association and the Indiana Attorney…
Debate over land once earmarked for the 1960s expansion of Interstate 64 through New Albany has gone to the Indiana Court of Appeals, which ruled today in that case.The three-judge panel ruled in Donald Jensen, et al. v. The City of New Albany, et al., holding that a reversionary clause in a 1960 deed was unenforceable after land was transferred to the state more than four decades ago.Land in question was 5.82 acres known as the Fawcett property, which the original…
A sex offender from Iowa who recently moved to southern Indiana has been indicted by a federal grand jury in Indianapolis for failure to register as a sex offender.Jeffrey L. Wilcox, 41, formerly of Des Moines, Iowa, is the first person charged in the Southern District of Indiana under the Adam Walsh Child Protection and Safety Act. The act imposes criminal penalties against sex offenders who travel across state boundaries without registering as a sex offender in the state they reside,…
The Judicial Nominating Commission conducted its first round of interviews today for the Indiana Court of Appeals vacancy that will be created by Judge John T. Sharpnack’s retirement in May 2008.Fifteen people from Indiana’s legal community applied for the appellate court seat.Nine applicants sat before the commission this morning, including three trial judges, a senator, and the heads of the Indiana Prosecuting Attorneys Council and Indiana Gaming Commission. Interviews started at 9 a.m. and ran until mid-afternoon, all conducted in a…
A federal suit filed this week in Indianapolis accuses a school district of violating teachers’ constitutional rights by blocking access to two political Web sites relating to the board’s actions and removal of the superintendent.This is the third suit lodged against the Perry Township School Board since November, when the board voted to place Superintendent H. Douglas Williams on paid administrative leave pending a review of his performance.Filed by Perry Education Association President Terry Rice and Southport Elementary School teacher Sherrie Williamson,…
The Indiana Supreme Court suspended 111 attorneys this week for failing to meet their continuing legal education requirements last year.Justices issued an order In the Matter of Failure to Comply with Continuing Legal Education Requirements on Tuesday. Though effective immediately, it stipulates that attorneys’ proscription against practicing law begins at 11:59 p.m. June 11.A total 41 attorneys based out of state are suspended, followed by 26 in Marion County, eight in Hamilton County, five in Monroe County, four in Allen County, three…
Contributions from a railroad company to a federal disability fund cannot be used to reduce the amount of a plaintiff’s recovery, the Indiana Court of Appeals affirmed today.In a 30-page decision in CSX Transportation Inc. v. Robert D. Gardner, No. 49A02-0610-CV-917, the court affirmed a trial judge’s decision to not allow the railroad company to use its $35,000 annual contributions to a disability and retirement fund to lower the jury-imposed amount of $605,500 in damages for Gardner’s injuries.He was working as…
The Supreme Court of the United States has asked for more information before deciding whether to accept a case involving a former Bloomington elementary school teacher fired over comments she made about the Iraq war during class.Deborah A. Mayer, who now teaches at an elementary school in Florida, lost her job after making comments to elementary students in early 2003 – just prior to the war’s beginning – that she would “honk for peace” when passing war protests. Some parents later…
Every so often, judges find they must recuse themselves in certain cases. That’s happening in Vanderburgh County, where all the superior judges have been recused from a case involving the child support matters of a magistrate’s son.Suzanne Hebert Hamilton is waging the child support legal battle against her ex-husband, Richard Hamilton, who is son of Vanderburgh Superior Magistrate Allen Hamilton. The couple separated in 2005 and finalized a divorce early last year. She lives in Florida with the couple’s two children…
The 7th Circuit Court of Appeals handed down a decision today addressing issues that have frequently arisen under the Fair Debt Collection Practices Act, which have caused some splits at the Circuit level.
The federal District Court in Indianapolis should have dismissed a suit challenging Indiana’s prerecorded telephone messages statute because a state court was already considering the issue and could have provided an adequate legal remedy, the 7th Circuit Court of Appeals ruled today.The three-judge appellate panel also chastised U.S. District Judge Larry McKinney for concluding last October that the then-approaching 2006 congressional election was a reason for urgent attention on this issue.The 7th Circuit decision came in FreeEats.com, Inc. v. State of…
Parents can be ordered to pay medical expenses for college students as part of child support obligations, even past age 21, the Indiana Supreme Court ruled today.All five justices agreed in Michael Cubel v. Debra Cubel, 32S04-0707-CV-283, which is authored by Chief Justice Randall T. Shepard and involves two conflicting rulings from the state’s appellate court on this issue.The Hendricks County case involves the two parents who divorced in 2005, but have a daughter attending college in the state. She is currently…
A South Bend man is receiving $15,000 from the Indiana State Bar Association to compensate for losses he suffered from the dishonest acts of a former attorney.Darious E. Easton received the money as a result of actions by former attorney Paul Bruno Kusbach, who resigned in 2002. Kusbach was sentenced in April 2004 to federal prison for four years and nine months for stealing money from clients; he was ordered to pay $1.2 million in restitution to 26 separate clients.This was…
Ten more public defenders are coming soon to St. Joseph County.The county council on Tuesday approved hiring the additional defenders for the second half of the year. Circuit Judge Michael Gotsch had asked council members for the changes described as a “revolutionary change” to the county system late last month.Judge Gotsch says the 10 public defenders are needed to keep up with increasing caseloads that are at higher levels than the state standard allows. The measures also establish a chief deputy…
An Indianapolis law firm partner who has led three state agencies is the new administrator for Marion County courts. On Monday, the four-judge executive committee chose Glenn R. Lawrence to fill the spot, which has been vacant since the former administrator Ron Miller resigned in late March. Since then, Senior Judge Richard Good has been filling in as interim administrator. The county’s four leading judges offered Lawrence the $93,500-salary job Monday afternoon, according to presiding Superior Judge Gerald Zore. Judges had…
The 7th Circuit Court of Appeals affirmed a District Court’s decision of summary judgment in favor of Indianapolis and Marion County in an appeal filed by a former employee of the county’s Forensic Services Agency, or Crime Lab.
Eight counties are receiving grants from the Indiana Supreme Court to address the needs of families with multiple court cases.The high court announced Friday that the eight counties will receive a total $74,000 in grants, with amounts ranging from $2,000 to $19,000. Money can be used for numerous programs such as information sharing, facilitation and pre-trial conferencing, or affordable alternative dispute resolution. The funding is considered “seed money” and courts are expected to eventually become self-funding.Grant recipients are: Allen County $14,000,…
The Indiana Supreme Court is playing a key part in doing away with delays between police-issued tickets and that information arriving in the hands of courts and prosecutors.Indiana is receiving more than $2.4 million in federal grants to launch the system known as eCWS or the electronic Citation and Warning System. The system will give officers the ability to produce e-tickets in the field and relay that information to a central location for law enforcement, prosecutors, and courts to access -…
The candidacy of a Cass Circuit judge is now going before the Indiana Supreme Court – even though the candidate in question has been a sitting judge for this entire year.Justices have granted transfer in J. Bradley King, et al. v. Leo T. Burns, et al., 09A02-0610-CV-847, which questioned the candidacy of judicial office-seeker Leo Burns in last year’s primary and general election.Burns, who was selected to fill the vacancy in the November 2006 ballot after the May primary, was not certified…