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Monday, December 31, 2012

Ind. Decisions - "Justices weigh walkout fines levied on Democrats"

The Supreme Court oral argument set for 9 AM on Thursday, Jan. 3rd in the case of Tim Berry, et al. v. William Crawford, et al. (see ILB entry here) is the subject of a brief editorial this morning in the Fort Wayne Journal Gazette:

On Thursday, the Indiana Supreme Court will hear arguments in a case involving the fines Indiana House Speaker Brian Bosma levied on Democrats during an extended 2011 walkout and a shorter walkout in 2012.

The court faces an interesting legal challenge.

Mark GiaQuinta, the Fort Wayne attorney who has represented Democrats, argues that Bosma has no legal authority to order pay to be withheld from lawmakers. Money cannot be withheld, he argues, without a court’s direction.

And he has a good argument.

For example, a debtor cannot simply tell an employer to withhold money from a check; the debtor must go to court and obtain an order to garnishee wages.

Bosma and the state argue that because the legislature and judiciary are separate branches of government, the courts cannot intervene in a legislative matter.

You will be able to watch the oral argument Thursday morning via this link.

Posted by Marcia Oddi on Monday, December 31, 2012
Posted to Upcoming Oral Arguments

Law - More on "Do Rapists Have the Right to Parent Children Conceived in Rape?"

Updating this ILB entry from Dec. 16th, here is Part 2 of Prof. Sherry F. Colb's two-part series in Justica's Verdict.

Posted by Marcia Oddi on Monday, December 31, 2012
Posted to General Law Related

Ind. Courts - "Benjamin Diener, a first-time judge, has taken the bench on Carroll County Circuit Court"

That is the headline from this story yesterday by Caitlin Huston in the Logansport Pharos-Tribune. The long story begins:

DELPHI — After about a week in his new job, Carroll County Circuit Court Judge Benjamin Diener is still getting used to the title of “Your Honor.”

The 32-year-old Republican candidate has been on the bench since Dec. 18 after he won the local primary against an incumbent judge and beat an independent candidate in the general election. A first-time judge, Diener acknowledges that he’ll have to do some learning on the job and work to prove the critics of his young age wrong.

Diener grew up in Monticello and earned his bachelor’s degree from Indiana University and a law degree from Barry University in Florida. He’s been in private practice since 2007 and is licensed in Texas, where he worked for as assistant attorney general for one year, as well as Indiana. He brought his private practice to Monticello in 2009 and later moved to Delphi.

Although he said his time as a private attorney did help, Diener said he feels that there’s not a direct correlation for the skills used as an attorney and as a judge.

“I don’t think anyone is ever fully prepared to change from attorney to judge,” Diener said.

Diener also didn’t have as much time for preparation as he expected. His term was supposed to begin in January, but former Carroll County Circuit Court Judge Donald Currie was called to serve as a Judge Advocate shortly after the primary. Since that time the circuit court has been using senior judges, but the last senior judge wasn’t able to finish out December and agreed to let Diener step in on Dec. 18.

“So that I can kind of get my feet wet,” Diener said.

At the end of January, Diener will attend a judges’ school for all newly elected judges in Indiana. But before then, Diener said he will preside over at least two jury trials and any matters that come up in circuit court, which includes class A, B and C felonies, divorce cases, some juvenile cases and civil filings.

“Between now and then it’s sort of a trial by fire,” Diener said.

Posted by Marcia Oddi on Monday, December 31, 2012
Posted to Indiana Courts

Catch-up: What did you miss over the weekend from the ILB?

Below is the answer to "What did you miss over the weekend from the ILB?

From Sunday, December 30, 2012:

From Saturday, December 29, 2012:

Posted by Marcia Oddi on Monday, December 31, 2012
Posted to Catch-up

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court (week of (12/31/12):

Thursday, January 3rd

Next week's oral arguments before the Supreme Court (week of (1/7/13):

Thursday, January 10th

Webcasts of Supreme Court oral arguments are available here.


This week's oral arguments before the Court of Appeals (week of 12/31/12):

Next week's oral arguments before the Court of Appeals (week of 1/7/123):

Wednesday, January 9th

ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.

The past COA webcasts which have been webcast are accessible here.


NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.

Posted by Marcia Oddi on Monday, December 31, 2012
Posted to Upcoming Oral Arguments