Articles

IPAC director retiring Aug. 1

The longtime leader of the Indiana Prosecuting Attorneys Council is retiring Aug. 1, leaving the statewide agency he’s been with for more than three decades.

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Justices won’t intervene in secretary of state eligibility case

Ruling on an emergency transfer request, the Indiana Supreme Court today accepted Secretary of State Charlie White’s appeal against the state’s Democratic Party and ruled it won’t put a halt to the case while a recount investigation and criminal voter fraud proceedings are ongoing.

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Tax Court warns against arguing wages aren’t taxable

In rejecting a man’s argument that his employment wages shouldn’t be subject to Indiana’s adjusted gross income tax, the Indiana Tax Court warned that those who present a similar argument in the future may be subject to paying the attorney fees of the other party.

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Ethics commission fines, bans attorney from state employment

The Indiana State Ethics Commission has found a former general counsel and chief administrative law judge for the Indiana Utility Regulatory Commission violated the law when he participated in decisions involving his future employer, Duke, while still with the IURC.

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Schools dropping school-funding lawsuit

The three Indiana school districts and parents who filed a lawsuit against the governor and other state officials over school funding are dropping the suit due to recent legislative action.

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COA affirms transfer penalty for nursing home resident

The Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.

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Judges address ‘public utility’ questions

In a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.

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Bankruptcy doesn’t eliminate judgment

The Indiana attorney general’s office doesn’t think the former East Chicago mayor hit with a $108 million racketeering judgment stemming from public corruption should be able to avoid paying back that amount by declaring bankruptcy.

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Court: DNR case can proceed despite 11-year delay

The Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s of great public importance and should be decided on the merits.

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Revising rules on agency lawyers

Attorneys from outside Indiana should know this: The process for practicing before state administrative agencies, even temporarily, is changing and may impact your ability to practice law in this state.

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Notario publico issues surface again

Years ago, the Indiana Supreme Court made it clear what non-lawyers could and could not do related to immigration services. Crossing the line might be considered the unauthorized practice of law. Now, two people in Indiana are facing the consequences of doing exactly that.

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Civil rights groups form partnership

Jeff Lorick, executive director of the Terre Haute Human Relations Commission, often receives complaints about unfair housing practices. But until recently, Lorick has had little power to make local landlords comply with fair housing laws.

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Court declines Medicaid appeal

A divided Indiana Supreme Court declined to accept a case asking whether Medicaid rejected applicants can include information on appeal that wasn’t included in their initial applications.

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Encouraging diversity in CASA programs

Having volunteers and staff who can relate to families that interact with Court Appointed Special Advocates programs has proven invaluable to a number of county-level CASA programs in Indiana. Indianapolis-based Child Advocates Inc. received the National CASA Inclusion Award for its inclusion and diversity plan March 20 at the National CASA conference in Chicago.

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