Sunday, August 2, 2015

Second Chances: Indiana’s Evolving Expungement Law

Second Chances: Indiana’s Evolving Expungement Law

While still a subject of some controversy, expungement, the process by which an Indiana citizen can seal past criminal records, has undergone significant revision since its inception. In 2012, Indiana lawmakers enacted legislation popularly known as the “Second Chance Law.” Under the 2012 procedure, only those convicted of misdemeanors and non-violent class D felonies were [...]

2015 Legislative Review

2015 Legislative Review

July 14, 2015 by Richard T. Payne

Editor’s Note: This report is a condensed version of the legislation enacted in the 2015 session of the Indiana General Assembly and only contains highlights of selected bills. The entire text of any law, as well as any other legislative action, is available at: http://www.iga.in.gov.
Constitutional Amendments
SJR 2 Right to Hunt, Fish and Harvest Wildlife – Passed Twice [...]

Electronic Communications and Search and Arrest Warrants

Electronic Communications and Search and Arrest Warrants

July 14, 2015 by Editor

The Indiana General Assembly in 2014 recognized the expanding methods we are using to communicate by amending the statute dealing with search and arrest warrants. House Enrolled Act 1009 (Public Law 170-2014) defined electronic communication service as one that provides users with the ability to send or receive wire or electronic communications.
Judges and law enforcement [...]

When Classroom Meets Courtroom: Oral arguments on the road

When Classroom Meets Courtroom: Oral arguments on the road

July 14, 2015 by Taylor Powell

Teachers commonly use field trips to foster learning outside of the classroom. It provides an engaging way for their students to learn. For a Government or American History class, students might take a trip to the local courthouse or city/county building to gain insight into Indiana government. Those trips, while valuable, can be [...]

A Helping Hand: Volunteer Advocates for Seniors or Incapacitated Adults

A Helping Hand: Volunteer Advocates for Seniors or Incapacitated Adults

July 14, 2015 by Erica Costello

When Alice Smith (not her real name, but this is a true story), age 80, first came to the attention of the Lawrence County Guardianship Services Program (LCGSP), she had no money and no place to live. Alice’s daughter and Power of Attorney had cleared out her bank account, sold her house, and moved [...]

Indiana Rules of Court 2015 Update

July 14, 2015 by Lilia G. Judson , Tom Carusillo

The Indiana Supreme Court amended many of Rules of Court that are effective in 2015. This is a summary of these rules.
See all orders amending rules of court handed down in 2015.
Satisfaction/Release of Judgments
Effective July 1, 2015, new Trial Rule 58(D) and amended Small Claims Rule 11(D) provide new identical procedures for the satisfaction/release of [...]

2015 Court Reform Grant Applications

July 14, 2015 by Editor

The Indiana Supreme Court announced the posting of the 2015 Court Reform Grant applications, now available at: courts.in.gov/admin/2420.htm.
During the 2015 Judicial District Meetings, it was apparent trial judges needed help with two issues:

language access to the courts
managing an ever-increasing caseload of unrepresented litigants

In response, the Court will focus the 2015 Court Reform Grant cycle on [...]

Employee Medical Leave Rights: It’s Complicated

Employee Medical Leave Rights: It’s Complicated

May 12, 2015 by Brenda Rodeheffer

Once upon a time, the employer determined medical leave. Whether an employee had the ability to stay home when ill without risk of termination depended on the boss.
After a nine-year legislative battle, in 1993 Congress enacted the Family & Medical Leave Act (FMLA). For many workers, FMLA proved to be a great boon. [...]

Indiana Public Defender Commission: Providing Legal Counsel for the Indigent

Indiana Public Defender Commission: Providing Legal Counsel for the Indigent

May 12, 2015 by Derrick Mason

Criminal and juvenile cases now constitute almost half of all cases filed in Indiana (excluding infractions).
Criminal and juvenile cases require the court-appointment of counsel if the defendant is indigent. When this occurs, judges must select from a relatively small pool of attorneys who are potentially eligible for appointment.
Fifty-five of Indiana’s ninety-two counties have joined the [...]

Indiana’s Court Interpreter Program: Providing Fair & Open Access to Everyone

Indiana’s Court Interpreter Program: Providing Fair & Open Access to Everyone

May 12, 2015 by Angela Joseph

¿Entiende usted que se le está acusando de un delito?
Confused? Can you recognize one or two words?
Indiana courts face new challenges as limited English proficient (LEP) individuals appear before them. As more people from South and Central America, Southeast Asia, Africa, and Europe call Indiana home, an unavoidable result is the increase [...]

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