Latest news with #IndianaSupremeCourt
Yahoo
4 days ago
- Politics
- Yahoo
Indiana Supreme Court denies AG Rokita's motion to dismiss disciplinary complaint
The entrance to the Indiana Supreme Court's Statehouse courtroom. (Whitney Downard/Indiana Capital Chronicle) Indiana's Supreme Court on Friday denied Attorney General Todd Rokita's call to dismiss a second disciplinary action against him — both stemming from public comments made three years ago about his investigation of an Indianapolis abortion provider. 'It is exceptionally rare for respondents to file motions to dismiss disciplinary complaints, and even rarer that we grant them,' Justice Derek Molter wrote in the unanimous opinion. The high court's denial came without prejudice — allowing Rokita to potentially refile — 'because we conclude the arguments he makes in his motion are better addressed through the hearing process and our subsequent review,' Molter continued. The court appointed a three-member hearing panel instead of its typical lone hearing officer, accommodating a proposal from Rokita. 'Appointing three distinguished members of the bench and bar to serve as hearing officers is particularly appropriate in this case, which involves conduct at the intersection of law and politics,' a concurring opinion from Justice Christopher Goff said. He noted that the political role assumed by many state attorneys general in contemporary America creates tension with licensing obligations that they assume as members of their state's bar. 'When a licensed attorney, entrusted with the full legal power of a state, advocates (or legally implements) divisive policies advocated by national partisans, their statements and actions can, in some circumstances, be both politically popular within their state and violative of its rules of professional conduct for attorneys,' Goff said. 'And because the legal power of a state attorney general is so great, such popular but unprofessional conduct can hurt real people and impede official processes. When that happens, people harmed by such conduct will look to the attorney-discipline process for relief,' he continued. Indiana taxpayers have covered more than $491,000 in legal bills defending Rokita in multiple disciplinary investigations and formal ethics cases, according to records obtained by the Indiana Capital Chronicle. In a 2022 interview with Fox News commentator Jesse Watters, Rokita called Indianapolis doctor Caitlin Bernard an 'activist acting as a doctor' and said his office would be investigating her conduct. Bernard, an OB-GYN, oversaw a medication abortion for a 10-year-old rape victim from Ohio in 2022. That November, in a split decision and public reprimand, the high court justices found that he had violated two of the Rules of Professional Conduct for lawyers: They said Rokita's comments constituted an 'extrajudicial statement' that he knew — or reasonably should have known — would be publicly disseminated and would prejudice related legal proceedings. They also said his statements had 'no substantial purpose' other than to embarrass or burden Bernard. Rokita and Indiana's Discplinary Commission disputed over a third charge — engaging in conduct 'that is prejudicial to the administration of justice' — which the commission agreed to dismiss in exchange for 'admission to misconduct' on the others. In a sworn affidavit, Rokita admitted to the two violations and acknowledged he couldn't have defended himself successfully on the charges if the matter were tried. But the same day the reprimand was handed down, Rokita called the dispute a 'failed attempt to derail our work' in a lengthy and unrepentant news release. He said he had 'evidence and explanation' for what he said on air, but chose not to fight the complaint any further to save 'taxpayer money and distraction.' The Disciplinary Commission filed a new round of charges against him in January, alleging he wasn't being truthful when he told the court he was accepting responsibility for his actions. Rokita attempted to dismiss the new complaint in February, which the Disciplinary Commission opposing his motion. 'We reach no judgment at this stage about those allegations or defenses because it is premature to evaluate them through a motion to dismiss where the parties are arguing over competing inferences that may depend on evidence outside the current record,' Molter wrote in the court's opinion. The case will now move before a three-judge hearing panel. Members were picked from the northern, central, and southern regions of Indiana to 'protect against a public perception that political considerations could unduly influence a single officer,' according to the opinion. They include Indiana Court of Appeals Judges Cale J. Bradford and Nancy H. Vaidik, and attorney William G. Hussman. CONTACT US Bradford and Vaidik are currently serve on the Indiana Court of Appeals, and both have been elected by their colleagues to serve as their court's Chief Judge in the past. Hussmann is a practicing attorney whose public and private sector experience Indiana Supreme Court includes serving as a U.S. Magistrate Judge, as a deputy attorney general, and as a staff attorney with the Indiana Disciplinary Commission. The court also encouraged the hearing panel to discuss mediation with Rokita and the commission. 'While we are only at the pleadings stage, the parties' discussion of the claims through their early filings is already voluminous,' Molter wrote. 'And up to this point, their submissions, though extensive, reveal very little factual disagreement. That disagreement is vehement, but it also seems narrow, so there may not be much to litigate through a hearing.' The panel will submit a report, and the court will review the evidence and evaluate the law. Molter noted the court doesn't defer to the report but does give it more emphasis because of the direct observation of witnesses included. Possible sanctions include a private or public reprimand; suspension from practice for a set period of time; suspension from practice with reinstatement only after the lawyer proves fitness; and permanent disbarment. Senior Reporter Casey Smith contributed. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Solve the daily Crossword
Yahoo
25-06-2025
- Business
- Yahoo
Indiana Supreme Court allows case against TikTok to go forward
Indiana Supreme Court Justices, left to right, Geoffrey Slaughter, Mark Massa, Loretta Rush, Derek Molter, Christopher Goff (Supreme Court Flickr) Hours after hearing arguments, the Indiana Supreme Court on Tuesday declined transfer in the state's challenge against TikTok — clearing the way for Attorney General Todd Rokita to proceed in his case against the popular, short-form video app. Rokita's office filed two lawsuits in 2022, accusing TikTok and its parent company, ByteDance, of violating Indiana's Deceptive Consumer Sales Act with its age rating for those 12 and older — claiming that it contained more sexual content, profanity and drug references than advertised. That made TikTok unsafe for children, he continued. Additionally, he claimed in a separate lawsuit that the company failed to protect user data from the Chinese Communist Party. An Allen County trial judge initially dismissed the cases before the Indiana Court of Appeals reversed and said the state had jurisdiction to bring the action. TikTok appealed to the Indiana Supreme Court to dismiss the case, but the justices declined the case by a vote of 3-2. That leaves in place the appellate decision allowing the matter to move forward. Chief Justice Loretta Rush and Justices Mark Massa and Derek Molter voted to deny, while Justices Christopher Goff and Geoffrey Slaughter would have allowed the appeal. Attorney Brian Paul, representing TikTok and ByteDance, argued that the Indiana Supreme Court wasn't the appropriate venue for the case, which is the first issue before the justices. 'Indiana is seeking to punish TikTok for statements that were not made in Indiana, that are not about Indiana, that were not targeted at Indiana and were not tailored to Indiana,' Paul said in his opening remarks. The state previously argued that justices could intervene because Hoosiers enter into user contracts with TikTok when they download the app. 'TikTok seeks to escape the rules that apply to everyone else, from print magazines to burger franchises,' said Solicitor General James Barta, arguing on behalf of the state. Barta said that these 'daily exchange(s) of data' are used by the plaintiffs to craft 'addictive content' based on user locations to earn millions. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
21-05-2025
- Business
- Yahoo
‘Expanding access to justice': First five Purdue Global Law School students admitted to Indiana bar
More than 60 new lawyers take their oath on May 20, 2025 in downtown Indianapolis. (Madelyn Hanes/Indiana Capital Chronicle) The first five graduates from Purdue University Global Law School took their new attorney's oath Tuesday morning, marking a milestone for both the school and Indiana's legal system. At the ceremony held at the Indiana Roof Ballroom, the Indiana Supreme Court admitted 68 new attorneys, including the Purdue Global Law graduates. The ceremony was attended by all five justices of the Indiana Supreme Court, as well as judges from the U.S. District Courts for the Northern and Southern Districts, the Indiana Court of Appeals, and the Indiana Tax Court. The ceremony follows a July 2024 amendment to Indiana's Rules of Admission and Discipline Rule 13 that allowed graduates of non-American Bar Association accredited, Indiana-based online law schools to sit for the Indiana bar exam. It was meant to address the state's justice gap in rural or other underserved areas. This amendment made Purdue Global Law graduates eligible to sit for the bar exam upon graduation. At the time, California was the only other state that allowed such eligibility. Indiana currently has a lawyer shortage. Indiana Court of Appeals Chief Judge Robert Altice told the graduates Tuesday that out of 6.8 million Hoosiers, only 19,055 are lawyers. 'You are joining a very special group today,' Altice said. 'As less than 1% of our total population, I encourage you to think about a small specialized group you are.' All five eligible Purdue Global Law graduates passed the February Indiana Bar Exam on their first attempt. According to Indiana Bar exam result data, Indiana's overall pass rate for first time takers is 63%. The graduates are: Joud Elias Lindley Jarrett Jeff Kraft Daniel Stahoviak Abby Strehle Strehle is a nurse practitioner, mother and now dual-licensed attorney in both Indiana and California. She attended Purdue for her undergraduate degree 26 years ago and received a Bachelor of Science in Nursing from the University of Indianapolis. Following that she completed her Master of Science and became a licensed Nurse Practitioner. Strehle said she always had an interest in law so she returned to Purdue Global Law's fully online program. She completed her law degree in August 2023 while continuing to work in healthcare and raising her family in Bargersville, Indiana. 'I wasn't willing to give up my nights or time with my kids for a traditional law school,' she said. Strehle, the owner and founder of Encompass Legal Services, now practices disability law in all 50 states. She said she wanted to take her experience in the medical field into the legal one. 'I've seen the other side,' she said. 'I know what people are going through when making either end-life decisions or something that disrupts their entire life.' She said that her online law school experience was far from easy but she was able to make connections and even some close friends online. She said the courses are set up in similar formats including course work, weekly zoom meetings and breakout sessions. Strehel said the Indiana Supreme Court amendment that created the path for Purdue Global Law graduates to become eligible for the bar exam means everything to her. 'When I applied to Purdue Global, I only hoped that being licensed in Indiana would be a thing,' she said. 'The fact that I can be licensed in Indiana allows me to really do what I want to do and the reason why I did what I wanted.' Dean of Purdue Global Law School, Martin Pritikin called the moment 'a turning point' for access to justice. Pritikin was a professor and administrator of a traditional law school for 12 years before he became interested in online education. Purdue Global Law — previously called Concord Law School — was founded in 1998 and was one of the nation's first fully online law schools. Pritikin said the school operates at one-third of the cost of traditional programs and is designed for nontraditional students – working professionals or others who need flexibility. 'Our typical student is not someone who went straight from high school to college to law school,' he said. 'Even though they may be new lawyers they are not new to the workforce.' Pritikin said the curriculum at Purdue Global is as 'rigorous' as anything someone would get at a traditional law school. He said that people think the school is easy because it's online, but that's not the case. Pritikin said the Indiana Supreme Court 'took a chance' on Purdue Global, and hopes the school is a big part of solving the access to justice crisis. He noted more than half of the students enrolling are not from Indianapolis — they are from rural, small and underserved areas. The school currently has 78 Indiana-based students enrolled — about 10% of total enrollment. 'It's the best way to get more lawyers in underserved areas and to make it easier for people in those areas to stay where they are to attend law school.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
21-05-2025
- Politics
- Yahoo
Editorial: Help on the way for Indiana's attorney deserts
If asked whether there aren't enough attorneys around, many Hoosiers might respond off the cuff, 'Aren't enough? One is too many!' But those living in many areas of the state would answer differently should they find themselves in need of an attorney for representation in a civil or criminal case. A recent news article by CNHI State Reporter Carson Gerber illuminated the dearth of attorneys across Indiana. More than half of the state's 92 counties are considered 'attorney deserts,' meaning they have fewer than one lawyer per 1,000 residents. That puts the state in the bottom 10 nationally with an average of just 2.3 attorneys per 1,000 Hoosiers, the American Bar Association reports. As a result, many Hoosiers — unable to afford the considerable expense of bringing in an attorney from out of town — end up standing alone before a judge, trying to interpret the law without any expertise to do so. It puts them at a disadvantage and clogs court dockets with long hearings and delays as judges and other court personnel try to help unrepresented plaintiffs and defendants navigate the judicial system. As reported by Gerber, state legislators and the Indiana Supreme Court are moving toward solutions to provide legal services in underserved areas. In July 2024, a special commission released a 74-page preliminary report with recommendations to bolster legal services across Indiana by attracting more attorneys to practice in underserved areas of the state. A final plan from that report is expected to be released in July 2025. Reacting to the preliminary report, the state Supreme Court has already made some changes in its rules, now enabling business owners to represent themselves, rather than hiring an attorney, in small claims seeking more than $6,000, and relaxing rules to allow more lawyers with licenses in other states to practice in Indiana. The Legislature, as is its practice, responded more slowly, adopting into law just two of the report's 16 recommendations. Indiana law now allows municipal attorneys to live in a contiguous county, and the state has created a framework for a scholarship program that would provide up to $60,000 to law students who agree to serve as a deputy prosecuting attorney or public defender in Indiana for a minimum of five years after they pass the bar. Alas, lawmakers, in this lean budget session, did not provide funding for the scholarship program. The Indiana Bar Association is also addressing the state's 'attorney deserts' through several measures, most notably an incubator program to help new lawyers establish practices in rural and other underserved areas. These various initiatives and the two new laws promise to at least partially alleviate the problems caused by lack of court representation across many Indiana counties. And that's an answer to the attorneys question that all Hoosier should be able to appreciate.
Indianapolis Star
20-05-2025
- Indianapolis Star
Benjamin Ritchie's last meal, final words before execution in Beech Grove officer's murder
In the early morning hours of May 20, Indiana executed Benjamin Ritchie via lethal injection. He was sentenced to death more than two decades ago for the murder of William Toney, a Beech Grove police officer. The execution began just after 12:01 a.m. at the Indiana State Prison in Michigan City. Ritchie was declared dead at 12:46 a.m., according to the Indiana Department of Corrections. His last meal was the Tour of Italy from Olive Garden. "I love my family, my friends, and all the support I've gotten,' Ritchie said in his last words. 'I hope they all find peace." In the months before his death, Ritchie filed a slew of appeals seeking to halt the execution. His legal team argued that defense attorneys who represented Ritchie in his 2002 trial failed to introduce his diagnosis of fetal alcohol spectrum disorder, which the jury could have considered a mitigating factor during sentencing. In a statement released hours after Ritchie's death, his attorney described the execution as "the result of prioritizing finality over fairness." "We continue to believe, as did half of the Indiana Supreme Court, that Ben's execution was inappropriate. Indiana executed a man with profound brain damage and developmental disabilities," public defender Mark Koselke said in a statement. Bill Toney: Indiana executes Benjamin Ritchie for young police officer's murder. Widow honors victim. Ritchie's is the second execution after Indiana's $900,000 purchase of pentobarbital in 2024 made the death penalty possible for the first time in 15 years. Joseph Corcoran, the first man executed since 2009, died on Dec. 18, 2024. "While there is no peace in the execution, there is comfort in the realization that society has kept its promise to the men and women of law enforcement to hold those accountable for their reckless choices and damaging actions, so that those still serving find strength knowing that their service is not in vain," a statement from Beech Grove police chief Michael Maurice read in part.
