« January 25, 2012 | Main | January 27, 2012 »

Thursday, January 26, 2012

Ind. Courts - More on: A new pilot project allowing web cameras in court rooms to be announced

That is the headline to this ILB entry from earlier today announcing a press conference tomorrow by Chief Justice Shepard.

"Ind. Courts - Cameras in trial courtrooms pilot hits snag," is the heading to this ILB entry from Feb. 16, 2007 that links to a number of related entries, including this one from March 14, 2007.

Now it is five years later. During that period, web cameras and live streaming have become ubiquitous...

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Indiana Courts

Ind. Law - More on: Right of publicity law changes proposed

Updating this ILB entry from January 16th on HB 1133, check out this story today by Eriq Gardner in The Hollywood Reporter, headed "Why the Marilyn Monroe Estate Paid $3 Million For Photos of the Film Legend (Analysis): As a result, an important lawsuit impacting the publicity rights of deceased celebrities could be near an end." Here is a sample:

[Sam] Shaw was a legendary photographer who captured some of the biggest stars from old Hollywood, including Marlon Brando, Audrey Hepburn and Elizabeth Taylor. His images of Monroe were the most iconic, and after the photographer's death, his family began to license the images around, including to Target for T-shirts and to one documentary producer who was making a film entitled Marilyn's Man about the star's first husband.

Then CMG Worldwide, an Indiana-based intellectual property management firm, entered the picture. The firm had previously lobbied its home state to pass laws that generously conferred post-mortem publicity rights to deceased celebrities. When Monroe's photographer later sought to exploit Monroe images, CMG demanded a cut.

That set off litigation -- first in Indiana, where CMG demanded an injunction, and then in New York, where Shaw Family Archives argued Monroe was a citizen at the time of her death. Importantly, New York law wasn't as generous to dead celebrities as Indiana law.

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Indiana Law

Vacancy on Supreme Court 2012 - Applications due tomorrow

The deadline for applications for the vacancy on the state’s highest court is tomorrow, Friday, Jan. 27th.

Kathryn Dolan, Indiana Supreme Court Public Information Officer will distribute a press release with the list of candidates for the Supreme Court vacancy Friday, Jan 27th sometime after 4:30 pm.

Watch the ILB for the names.

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Vacancy on Supreme Court 2012

Ind. Courts - A new pilot project allowing web cameras in court rooms to be announced

Notice just received:

Indiana Chief Justice Randall T. Shepard will announce details of a pilot project allowing web cameras in several Indiana trial courts. Details regarding the project will be outlined during tomorrow’s press conference. Information will also be posted at courts.in.gov after the press conference.
Announcement will be tomorrow at 11 am.

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Indiana Courts

Ind. Gov't. - "Historic electric chair gets preserved"

Indiana's electric chair, now retired, "was based on sketches of Ohio’s electric chair. It was created using parts of Indiana’s original hangman scaffold."

So reports WISH TV 8, which adds: it is "now being shown as part of the Indiana Department of Correction’s Reflections of Pride: The History of the IDOC Museum."

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Indiana Government

Courts - Studies of tweets by federal court jurors

Check out this post and the links from Joe Palazzolo of WSJ Law Blog.

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Courts in general

Ind. Law - More on: Your law firm or court plans for Superbowl week?

On January 1st I posted an entry (with a few responses) asking about Superbowl plans of local courts and law firms - would you be open or closed?

Now that we are getting down to the wire, things are sounding much more serious.

It looks like ALL THE METERS south of Michigan will be bagged for at least part of this time. Maybe now, as yesterday I saw that the meters already were bagged on East Washington at East Street and all the way west.

Streets will be closed and I find the lists of restrictions almost impenetrable.

And then there is information like this, that few people will know until it is too late and they are locked in a gigantic rush hour traffic snarl...

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Indiana Law

Courts - In NY, "A Judgeship With Prestige, and, Oh, What a Grand Room"

William Glaberson's story today in the NY Times begins with a photo of "The chambers occupied by the top judge of the appeals court in Brooklyn," then continues:

Sure, being the top judge of the appeals court in Brooklyn is impressive. It is one of the most powerful judicial seats in the state.

But check out the office that goes with the job, with its 15-foot ceilings, antique furnishings and off-white porcelain private bathroom. Not to mention the crimson damask curtains with gold fringe, framing the 11-foot windows with their tranquil view of brownstone Brooklyn. * * *

There is no list of the most luxurious chambers in the state judicial system, of course, but many judges agree that the top job in the Brooklyn court comes with the best chambers of the more than 1,200 in the state system.

Fascinating. And I wonder if there are any chambers in Indiana that might match up.

But as I read the story wondered -- "What is "the appeals court in Brooklyn?" Where does it fit into the NY system, where "supreme courts" are not supreme, but trial courts?

I found this good diagram of the New York court structure on the National Council of State Courts site. Look at the left box in the second row of boxes. It says, "Appellate Divisions of Supreme Court. 56 justices sit in panels in 4 departments." The link in the box leads to a list of counties served by each of the 4 divisions. The Brooklyn court is in the 2nd division.

Also useful is this "Overview of the Appellate Division," which explains:

The Supreme Court, of which the Appellate Division is a part, is New York State's principal trial court, with a branch in each of the State's 62 counties.

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Courts in general

Environment - "Jobs vs. environment debate dominates hearing on coal gasification plant"

That is the headline to Thomas B. Langhorne's story in the Evansville Courier & Press on last evening's public hearing in Rockport on the air permit for the proposed coal gasification plant. It begins:

ROCKPORT, Ind. — Stern warnings of environmental harm clashed with appeals to create badly needed jobs Wednesday night at a public hearing about a proposed coal gasification plant in Spencer County.

The Indiana Department of Environmental Management public meeting and hearing attracted about 200 people to South Spencer High School.

At issue: whether the state agency's Office of Air Quality ultimately will issue an air permit for the proposed $2.65 billion plant, which would be located about 30 miles east of Evansville. The facility is intended and designed to convert Illinois Basin coal and petroleum coke into pipeline-quality substitute natural gas and liquefied carbon dioxide. The developer is Rockport-based Indiana Gasification, LLC; a subsidiary of the New York investment firm Leucadia National Corp.

Here is a list of some of the earlier ILB entries on the project.

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Environment

Courts - More on: "WICHITA, Kan. -- U.S. Senior District Judge Wesley Brown has died at age 104"

Updating yesterday's ILB entry, the NY Times has an obituary today written by A.G. Sulzberger. Some quotes:

Judge Wesley E. Brown, whose work ethic and a hale constitution kept him climbing the stairs to his fourth-floor courtroom past his 100th birthday, making him the oldest active federal judge in the nation’s history, died on Monday in Wichita, Kan. He was 104. * * *

As his health declined in recent months, he reduced his caseload. But Judge Brown, who was the subject of a Page 1 profile in The New York Times in 2010, was still working from bed in recent weeks, telling colleagues he just wanted to get back to his courtroom.

“He was driven by his work,” said Mike Lahey, who was a longtime law clerk for the judge. “He loved it, and it was his reason for living at the end.”

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Courts in general

Ind. Decisions - Court of Appeals issues 1 today (and 14 NFP)

For publication opinions today (1):

In Jeff Reeves v. Citizens Financial Services, a 14-page opinion, Judge Crone writes:

Jeff Reeves sustained a back injury while working for Citizens Financial Services (“Citizens Financial”). Over the course of several years, Citizens Financial paid for a variety of medical treatments, but Reeves still experienced pain in his back that radiated into his left leg. After an evidentiary hearing, a single hearing member of the Worker’s Compensation Board (“the Board”) determined that Reeves had reached maximum medical improvement (“MMI”), had a permanent partial impairment (“PPI”) of five percent, and was not entitled to ongoing palliative care. Reeves appealed to the Board, which adopted the decision of the single hearing member. Reeves now appeals the Board’s decision, arguing that the Board erroneously concluded that he was not entitled to additional palliative care. Because Reeves has failed to identify what type of care he should receive and because the undisputed evidence does not show that palliative care limits the extent of his impairment, we affirm.
NFP civil opinions today (6):

Associated Estates Realty Corporation v. Angela Mason (NFP)

Meridian S.E.T., LLC v. Auditor of Marion County, Assessor of Marion County, and City of Indianapolis/Marion County (NFP)

Diana Bible v. St. Vincent Hospital (NFP)

James Patrick Flinn v. Courtney Sue Flinn and James Erick Flinn (NFP)

Ruth Dishman, Personal Rep. of the Estate of Julie A. Etchison v. Community Hospitals of Indiana, Inc., Medcheck Anderson, Troy Abbott, M.C., and Stephen Robertson (NFP)

Lawrence Peterson and Fredrick Edmond v. Bruce Lemmon, et al. (NFP)

NFP criminal opinions today (8):

Duane R. Tackett v. State of Indiana (NFP)

Richard H. Edwards v. State of Indiana (NFP)

Moustapha Barry v. State of Indiana (NFP)

Casey Jackson v. State of Indiana (NFP)

Dairius Redding v. State of Indiana (NFP)

Angelina M. Sanders v. State of Indiana (NFP)

Stacey Sills v. State of Indiana (NFP)

Jonathan Paugh v. State of Indiana (NFP)

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Ind. App.Ct. Decisions

Ind. Law - More on: "Hairdressers may have killed bill that would eliminate licensing"

Updating this ILB entry from yesterday, here is more about the Regulated Occupations Evaluation Committee. As noted here yesterday, it is a statutory committee (IC 25-1-16), created in 2010 by PL 84 (SEA 356, authored by Sen. Delph). Sec. 10 provides:

The committee shall establish a schedule to review and evaluate each regulated occupation. Each regulated occupation must be reviewed and evaluated at least every seven (7) years.
This is NOT a legislative study committee, but a statutory committee with NO legislative members. From the committee's webpage:
Indiana’s Regulated Occupations Evaluation Committee (ROEC) was established by the Indiana General Assembly to assess the efficiency and effectiveness of all professional licenses regulated by the Indiana Professional Licensing Agency (IPLA).
Here is information on the seven committee members. According to IC 25-1-16-11, the committee also has a staff.

The committee continues to meet. Here is the agenda for its Jan. 25, 2012 meeting, which gives a good idea of the agencies that will be covered in the bill to be introduced in 2013. They include real estate, auctioneer, plumbing, to name a few.

Here is the committee's "Assessment framework for occupational regulation", which begins:

In order to guide its work, the ROEC has prepared a conceptual framework aimed at answering two questions: (1) Should the state of Indiana be involved in any form of regulation (e.g., licensing, certification or registration) of a particular occupation and, if so (2) What questions should be asked to determine whether a regulatory program is accomplishing its public purpose in a cost-effective manner or needs to be buttressed or reformed in some specific way.

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Indiana Law

Ind. Law - Senate Committee backs RU-486 limit

Here is the AP story.

The story does not include the bill number.

Sadly, there appears to be no way to access yesterday's online committee calendars ...

Looking at the list of Senate bills on abortion, I've found a SB 72 and a SB 125 and a SB 282 and a SB 340 and a SB 341.

I'm guessing this story is about SB 282, abortion inducing drugs.

The story reports:

The Senate health committee voted 5-4 in support of the bill that requires that a doctor examine a woman in person before giving her RU-486, provide written information about the physical risks of abortion and to schedule a follow-up ultrasound for her two weeks later. Doctors who don’t follow those steps could face a misdemeanor criminal charge if the proposal becomes law.
The story concludes:
Republican Sen. Vaneta Becker of Evansville, who joined the committee’s three Democrats in voting against the bill, said she believed the proposal wrongly intervened in the doctor-patient relationship and didn’t think the proposal improved patient safety.

The abortion pill proposal follows the Republican-dominated Legislature’s passage last year of a law aimed at cutting off Medicaid funding to Planned Parenthood because it provides abortions and imposed tighter abortion restrictions. A federal appeals court is considering whether to lift a federal judge’s order that was issued in June that blocked the funding cutoff.

ILB: Last year, abortion clinics. This year, RU-486. Next year, birth control pills and devices?

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Indiana Law

Ind. Law - "Senate panel votes to let schools teach creationism"

Dan Carden has the brief story in the NWI Times. It begins:

INDIANAPOLIS | An Indiana Senate committee on Wednesday endorsed teaching creationism in public schools, despite pleas from scientists and religious leaders to keep religion out of science classrooms.

Senate Bill 89 allows school corporations to authorize "the teaching of various theories concerning the origin of life" and specifically mentions "creation science" as one such theory.

State Sen. Scott Schneider, R-Indianapolis, who voted for the measure, said if there are many theories about life's origins, students should be taught all of them.

The bill passed out of committee without change, 8-2. The tally sheet showing the committee members' votes is not yet available.

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Indiana Law

Ind. Law - More on: "Hunting preserves: Legislative efforts in the past focused on grandfathering the existing preserves only, but this bill goes further to open the industry to new operators"

Following up on yesterday's ILB entry, Nick Schneider, Assistant Editor of the Greene County Daily World, has this long story today. A few quotes:

A bill that would legitimize four existing captive hunting sites in the state passed out of the Indiana House Natural Resources committee Tuesday.

The bill, sponsored by District 62 State Rep. Matt Ubelhor (R-Bloomfield), cleared the committee by an 8-4 vote.

House Bill 1265 would reverse state regulations on high-fenced hunting and end a lawsuit that started in 2005. * * *

"I was very happy to get it out of the committee," Rep. Ubelhor said. "It's never made it out of committee before." * * *

Legislative efforts in the past focused on grandfathering the existing preserves only, but this bill goes further to open the industry to new operators, Rep. Ubelhor said.

Posted by Marcia Oddi on Thursday, January 26, 2012
Posted to Indiana Law