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Wednesday, March 08, 2017

Ind. Courts - Supreme Court interviews announced, now start a week from Tuesday

First, here is the Supreme Court page with the photos and applications.

And here are the interview dates and times:

March 21 (Tuesday)

9:30 a.m. – 9:50 a.m. – Mr. Ralph E. Dowling
9:50 a.m. – 10:10 a.m. – Hon. Clayton A. Graham
10:10 a.m. – 10:30 a.m. – Ms. Jaime M. Oss
10:45 a.m. – 11:05 a.m. – Hon. Larry W. Medlock
11:05 a.m. – 11:25 a.m. – Rep. Thomas W. Washburne
11:25 a.m. – 11:45 a.m. – Mr. Peter J. Rusthoven
(Lunch – Executive Session to consider applications)
1:30 p.m. – 1:50 p.m. – Ms. Leslie C. Henderzahs
1:50 p.m. – 2:10 p.m. – Mr. Stephen R. Creason
2:10 p.m. – 2:30 p.m. – Hon. Steven L. Hostetler
2:45 p.m. – 3:05 p.m. – Mr. William N. Riley
3:05 p.m. – 3:25 p.m. – Hon. Matthew C. Kincaid
3:25 p.m. – 3:45 p.m. – Mr. Lyle R. Hardman
4:00 p.m. – 5:00 p.m. - Executive Session to consider applications

March 22 (Wednesday)

9:30 a.m. – 9:50 a.m. – Hon. Peter R. Foley
9:50 a.m. – 10:10 a.m. – Hon. Maria D. Granger
10:10 a.m. – 10:30 a.m. – Mr. Dale W. Arnett
10:45 a.m. – 11:05 a.m. – Hon. Vicki L. Carmichael
11:05 a.m. – 11:25 a.m. – Ms. Elizabeth C. Green
11:25 a.m. – 11:45 a.m. – Ms. Leanna K. Weissmann
12:00 p.m. – 12:20 p.m. – Hon. Christopher M. Goff
12:20 p.m. – 12:40 p.m. – Mr. Bryce D. Owens
12:55 p.m. – Lunch and deliberations in Executive Session, followed by public vote to select semi-finalists

Note: "During an executive session, the Commission determined one applicant did not meet the eligibility requirements, as defined by the Indiana Constitution, and would not be interviewed."

Dan Carden of the NWI Times reported last Friday:

One applicant, Andrew U.D. Straw, likely will be scratched from the list since he lives in Schaumburg, Illinois, and his Indiana law license was suspended last month by the Supreme Court for repeatedly filing what the court deemed to be "frivolous" lawsuits.

Posted by Marcia Oddi on Wednesday, March 08, 2017
Posted to Vacancy on Supreme Court - 2017

Ind. Courts - Supreme Court interviews start a week from Monday ...

Readers have been asking when the applications and photos will be available online. According to the news release sent out March 3:

The [Judicial Nominating] Commission will review applications, consider applicants' eligibility, legal education, writings, reputation in the practice of law, and other pertinent information to decide who to interview.

Initial interviews are March 20-22
with a second round of interviews April 17-19. They are open to the public and will take place at the Indiana State House in room 319.

When the March interview schedule is made public, applications and photographs will be available online. Attachments, including writing samples and transcripts, will be available in the Supreme Court Law Library.

After interviews and deliberations in an executive session, the Commission will publicly vote to send the three most qualified names to Governor Eric Holcomb. The Governor has 60 days to select Indiana's next justice.

So, hopefully, any day now.

Posted by Marcia Oddi on Wednesday, March 08, 2017
Posted to Vacancy on Supreme Court - 2017

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 4 NFP memorandum decision(s))

For publication opinions today (1):

In Magic Circle Corp., D/B/A Dixie Chopper, Arthur Evans, Wesley Evans, and Jeffrey Haltom v. Crowe Horwath, LLP, a 16-page opinion, Judge Bailey writes:

Magic Circle Corporation d/b/a Dixie Chopper (“Magic Circle”) and several of its shareholders filed a multi-count complaint against numerous parties, including Magic Circle’s former auditing firm, Crowe Horwath LLP (“Crowe”). The trial court dismissed several counts, and this Court affirmed that decision on appeal, leaving only two counts against Crowe. Subsequent to the appeal, Crowe filed a motion to dismiss the remaining counts against it, and the trial court granted Crowe’s motion on the grounds that the claims were barred by the economic loss rule and several exculpatory provisions. Magic Circle now appeals the trial court’s order. * * *

Magic Circle raises two issues for our review, which we restate as whether the trial court erred when it dismissed the complaint because:

1. The economic loss rule is inapplicable in this case; and

2. The exculpatory provisions in the engagement agreements between Magic Circle and Crowe do not operate to relieve Crowe of all liability for the professional malpractice as alleged in the Second Amended Complaint. * * *

The economic loss rule does not have the effect of barring an accountant malpractice claim at tort. The exculpatory and limitation of liability clauses did not operate to preclude a recovery such that Magic Circle failed to plead a claim upon which, based upon the facts as pled in the complaint, relief could be granted. Thus the trial court erred in dismissing the Second Amended Complaint as to negligence through accountant malpractice. Reversed and remanded.

NFP civil decisions today (3):

In Zena D. Crenshaw-Logal, Personally and as Relator for the State of Indiana, et al. v. Lake Superior Court, Small Claims Division III, the Honorable Julie N. Cantrell as its Judge, et al. (mem. dec.), a 13-page opinion, Judge Brown writes:

Zena Crenshaw-Logal appeals the trial court’s dismissal of her action for mandate. We find one issue dispositive, which is whether Crenshaw-Logal’s notice of appeal is untimely. We dismiss.
Bruce R. VandeZande v. Market Ready (mem. dec.)

J.W. v. T.M. (mem. dec.)

NFP juvenile and criminal decisions today (1):

Margie Rene Mayhill v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on Wednesday, March 08, 2017
Posted to Ind. App.Ct. Decisions

Ind. Law - Even more on "Could Indiana pass forfeiture reform this year?"

Supplementing this ILB post from yesterday (and its links to many past posts), see this lengthy story today by Marilyn Odendahl of the Indiana Lawyer, headed "Indiana’s civil forfeiture laws under scrutiny."

Posted by Marcia Oddi on Wednesday, March 08, 2017
Posted to Indiana Law

Ind. Gov't. - "Suit over emails takes turn: Asked to return to trial court to ensure AOL was included"

Supplementing this ILB post from yesterday (which includes links to the documents), and this long list of earlier ILB posts, see this story today in the Fort Wayne Journal Gazette. Niki Kelly reports:[ILB emphasis]

INDIANAPOLIS – Revelations that former Gov. Mike Pence used a private email account to conduct state business are complicating a public records dispute.

An Indianapolis lawyer who sued Pence – now vice president – filed an appeal last month asking the Indiana Supreme Court to review the case and asking for oral arguments to be set.

But on Monday, William Groth asked instead that the case be sent back to the trial court to evaluate whether Groth’s original 2014 public records request included the private AOL account.

“With these new disclosures, Mr. Groth believes Governor Pence’s private email accounts may not have been reviewed as part the governor’s response to his public records request, and is concerned some of those messages may have been responsive to his request,” court filings said.

One email recipient – “MRP” – was identified as Pence but his office redacted the email address. The office of the governor then took the position that the disclosure of the confidential email address may jeopardize internal security if disclosed to the public.

Groth’s latest court filing said the Indianapolis Star reported Pence turned over 13 boxes just a few days ago containing emails from his private email account to current Gov. Eric Holcomb to comply with Indiana’s requirement that private email messages be preserved under the state public records act.

Posted by Marcia Oddi on Wednesday, March 08, 2017
Posted to Indiana Government

Law - Latest US News Law School Rankings leaked

As it seems they do every year, Above the Law has a post this morning headed "Leaked: Are These The 2018 U.S. News Law School Rankings?"

Interesting changes in Indiana school rankings:

Here is last year's ILB post.

Posted by Marcia Oddi on Wednesday, March 08, 2017
Posted to General Law Related

Ind. Courts - "Indiana Senate honors retiring Gary justice"

Dan Carden reported yesterday in the NWI Times:

INDIANAPOLIS — The accomplishments of retiring Indiana Supreme Court Justice Robert Rucker were recognized Tuesday by the state's 50 senators.

The Gary native was praised for his trailblazing legal career, the wisdom of his judicial rulings and for his nearly 18 years of service on the state's high court and eight years as a judge on the Indiana Court of Appeals.

State Sens. Lonnie Randolph, D-East Chicago; Frank Mrvan, D-Hammond; and Eddie Melton, D-Merrillville, all declared that Rucker's record and legacy is a credit to Lake County and will serve as an inspiration for generations to come.

In response, the 70-year-old justice said he was humbled and honored by the "incredible tribute" in the unanimously approved Senate Resolution 38.

"I still consider myself a small-town lawyer, without political clout or portfolio, upon whom history and fate have shined," Rucker said.

"By virtue of my appointment and retention to this prestigious court, I have been given much. And I trust, by your resolution and gracious remarks, you're satisfied that I have fulfilled that which was required."

As of this writing, Senate Resolution 38 does not yet seem to be available, but should be later.

Be sure to check the NWI Times story today for the great photos of Justice Rucker.

Posted by Marcia Oddi on Wednesday, March 08, 2017
Posted to Indiana Courts