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Monday, January 14, 2013

Ind. Gov't. - More on: Here are Gov. Pence's first 15 executive orders

Updating this entry from late this afternoon, I just saw this tweet:

No executive order to reauthorize IEDC or Inspector General? Mitch Daniels Executive Orders Now Void.
The writer, however, gives no authority for the statement.

A number of the 15 Executive Orders issued by Gov. Pence this afternoon are titled "Continuing the ...", as in "Continuing the Office of Faith Based and Community Initiatives and the Indiana Commission on Community Service and Volunteerism."

One is titled "Rescinding Executive Order 11-07." It provides in part:

WHEREAS, the intent of this Order is to reinstate the Indiana Education Employment Relations Board's obligation to report directly to the Governor, which existed from the formation of the Indiana Education Employment Relations Board until Governor Mitchell E. Daniels, Jr. issued Executive Order 11-07 * * * Executive Order 11-07 is rescinded and shall have no effect.
It appears that Gov. Pence is reaffirming some Daniels' orders, and rescinding others, being careful to make his intentions clear.

I examined the question of "Does a governor’s executive order continue in effect when his term is over?" in this 2006 column ("Executive Orders, Signing Statements, and Veto Messages, Part Two," 49 Res Gestae 9 (May 2006), pp. 39-41.) My conclusion:

That an Indiana governor’s executive orders continue to be effective after the governor has left office may be implied from the practices of recent Indiana governors. Governor Daniels’ executive orders issued shortly after he took office in January 2005 show the use of phrases such as “is hereby superseded,” “continuing the office,” “rescinded and declared null and void,” “which continues in effect, is hereby amended to be consistent herewith.” This language supports the continuation of executive orders after the term of office.

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Indiana Government

Ind. Gov't. - Here are Gov. Pence's first 15 executive orders

Gov. Pence's first 15 executive orders.

The ILB has OCRed EO 13-3, which orders a moratorium on regulations. Access it here.

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Indiana Government

Ind. Decisions - Supreme Court issues five disciplinary rulings

The Supreme Court has posted five new attorney disciplinary decisions, all filed Jan. 10th:

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Ind. Sup.Ct. Decisions

Ind. Decisions - Transfer list for week ending January 11, 2013

[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the May 20, 2012 list.]

Here is the Clerk's transfer list for the week ending Friday, January 11, 2013. It is two pages (and 18 cases) long.

Five transfers were granted last week:

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Indiana Transfer Lists

Ind. Decisions - Court of Appeals issues 0 today (and 2 NFP)

For publication opinions today (0):

NFP civil opinions today (0):

NFP criminal opinions today (0):

Deantoine M. Harris v. State of Indiana (NFP)

August Trotter v. State of Indiana (NFP)

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Ind. App.Ct. Decisions

Courts - Kentucky Court decides dram shop case, holds club not liable

Jim Hannah wrote this story which appears in several Gannett papers. It begins:

A Kentucky Supreme Court opinion that the Fort Mitchell County Club cannot be held liable for serving a golf cart driver alcohol may make it harder to hold establishments liable for their patrons’ actions.

It is the first time the court has ruled this type of claim cannot proceed unless there is affirmative evidence the server knew the patron was intoxicated, said Louisville lawyer Jeremiah A. Byrne, who wrote a legal analysis of the opinion issued on Dec. 20.

The decision is Fort Mitchell Country Club v. LaMarre. Here is Julie Byrne and D. Christopher Robinson's Jan. 2nd article in Lexology. It begins:
The Kentucky Supreme Court issued a significant opinion on December 20, 2012 that will affect restaurants, bars, country clubs, and other establishments that sell and serve alcohol. In Fort Mitchell Country Club v. LaMarre, 2011-SC-000665-DG, the Supreme Court rejected a personal injury claim by a country club patron after he was seriously injured on a golf cart driven by another member of his dinner party.

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Courts in general

Courts - Justice Sonia Sotomayor and her new autobiography

Featured last evening on 60 Minutes:

In her first broadcast interview, Sotomayor talks about her life and career leading up to her appointment to the U.S. Supreme Court, including the role affirmative action played. Scott Pelley reports.
Nina Totenberg of NPR begins this morning with what I believe are a week-long series of interviews with the Justice.

Here is the book
, via Amazon. It will be released tomorrow. I pre-ordered mine last month.

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Courts in general

Ind. Gov't. - "Crown Point officials approve '13 pacts with city attorneys"

From the NWI Times:

CROWN POINT | Dollar amounts went unchanged from 2012 agreements with city attorneys David Nicholls, Alex Kutanovski, Mark Gruenhagen and Joseph Irak, under terms of the 2013 contracts approved by the Crown Point Board of Public Works and Safety.

Nicholls, the city attorney, is to be paid an annual retainer fee of $72,333, paid in monthly installments, as well as an hourly rate not to exceed $150 an hour for non-routine legal services such as litigation, issuing municipal bonds and special public works projects, under terms of the contract.

Kutanovski is to paid an annual retainer of $30,000, paid over 12 months. Irak and Gruenhagen each is to be paid $10,049 annually, over 12 months.

Kutanovski, Irak and Gruenhagen, all assistant city attorneys, each is to be paid an hourly fee not to exceed $125 an hour for nonroutine legal services, under terms of the contract.

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Indiana Government

Ind. Courts - "End-of-life case splits family"

Yesterday and today Tim Evans of the Indianapolis Star has featured an end-of-life battle involving Paul G. Smith of Carmel, a retired attorney and former Hamilton County court magistrate. He is hospitalized at St. Vincent's.

Here is yesterday's lengthy story. A few quotes:

[T]he responses and requests uttered by the gravely ill Smith from his bed at St. Vincent Hospital carry little weight.

That's because hospital officials are following directives in a living will Smith signed nearly a decade ago. It restricts actions medical providers can take to keep him alive and hands decisions about artificially supplied nutrients and fluids to another daughter, Judith Sly.

Last week, doctors removed Smith from the ventilator that helped ease his labored breathing, apparently acting in accordance with the living will and Sly. Hospital staff occasionally moisten Smith's lips with a damp sponge, but a feeding tube that once provided nourishment also was disconnected.

Those moves infuriate [his daughter Susan] Rissman, exacerbating a long-standing family divide that has only deepened since Smith, whose condition deteriorated rapidly, was hospitalized in December with dehydration.

Even though Smith's attorney tried unsuccessfully in November to name Rissman her father's legal guardian, Sly has authority over his care and legal affairs. And her decisions, according to court records, appear to be backed by another sister and a brother.

Rissman has been her father's primary caregiver for the past several years and is against stopping an active treatment regimen for him. She thinks any decision should be left up to Smith because he is able to talk and answer questions.

It is a sad and controversial end for the retired attorney and former Hamilton County court magistrate who is at the middle of a family's fight over control of his care and, ultimately, a significant estate that includes investments and a home in Carmel valued at $241,000.

But the saga underscores broader issues: The importance of keeping health care plans up-to-date, medical ethics and the gut-wrenching dynamics of end-of-life decisions.

Today's story is headed "Daughter seeks hearing in Carmel attorney's end-of-life directives." It begins:
A fight over the medical treatment of a gravely ill 88-year-old man at St. Vincent Indianapolis Hospital was expected to land back in court today, according to a Hamilton County attorney who said he plans to ask a judge to review the condition and care of Paul G. Smith.

Tim Stoesz said he would file an emergency request in Hamilton Superior Court this morning on behalf of Smith's daughter, Susan Rissman, in an effort to learn why hospital staff are following a living will's end-of-life directives cutting off artificially supplied nutrients and fluids to the Carmel man. Smith is conscious and aware, Stoesz said, and the attorney said he believes Smith wants to control his care, rather than have decisions be made by another daughter who has power-of-attorney rights over him.

The Star also provides links to four documents:

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Indiana Courts

Ind. Law - Tuesday, Jan. 22 at 4 pm, Legislative Panel at IU Law School, CLE available

Here is the info:

January 22, 2013
Phi Alpha Delta Event
Phi Alpha Delta Legislative Panel

Time: 4-6 pm
Location: Wynne Courtroom and Atrium, Inlow Hall, 530 W. New York Street, Indianapolis, IN
Contact: Erin Radefeld at padindy@iupui.edu

Phi Alpha Delta Law Fraternity and Black Law Students Association are hosting a Legislative Panel on January 22 featuring prominent members of the political process discussing the legal issues that the Indiana legislature will address this year.

CLE applications available for submission.

Confirmed Participants:

  • Moderator: Amos Brown
  • Senate Republican: Luke Kenley
  • Senate Democrat: John Broden
  • House Republican: Brian Bosma, ‘84
  • House Democrat: Cherrish Pryor
  • Superintendent of Public Instruction: Glenda Ritz
Phi Alpha Delta is a legal fraternity and began hosting this event in January 2012. This year the Black Law Students Association at the IU Robert H. McKinney School of Law is co-hosting. The Office of Professional Development is a sponsor of the event.

The event will begin at 4:00 p.m. with a reception in the atrium of the law school, which will give the audience an opportunity to talk with the members of the panel. The panel will begin promptly at 5:00 p.m. and promises to be an informative session in which the panelists will discuss what issues will be important during the upcoming legislative session. An RSVP is not necessary, but is appreciated.

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Indiana Law

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

From Sunday, January 13, 2013:

From Saturday, January 12, 2013:

From late Friday afternoon, September 21, 2012:

Posted by Marcia Oddi on Monday, January 14, 2013
Posted to Catch-up

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court (week of (1/14/13):

Thursday, January 17th

Next week's oral arguments before the Supreme Court (week of (1/21/13):

Tuesday, January 22nd

Webcasts of Supreme Court oral arguments are available here.

This week's oral arguments before the Court of Appeals (week of 1/14/13):

Wednesday, January 16th

Next week's oral arguments before the Court of Appeals (week of 1/21/13):

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, January 14, 2013
Posted to Upcoming Oral Arguments