Irish Supreme Court Chief Justice John L. Murray will visit Indianapolis next week with stops to have lunch with the Indiana Supreme Court justices and to give a lecture at the Indiana University School of Law.

From the Indiana Lawyer:

Chief Justice John L. Murray will give the James P. White Lecture on Legal Education, “Educated Judges: Protectors or Monarchs? A European Perspective,” at 5 p.m. (March 10) in the Wynne Courtroom at the law school, 530 W. New York St. In his lecture, the chief justice will compare the European system with the American one. A reception will follow in the Connor Atrium.

Technorati Tags: Indiana Supreme Court, Indiana University School of Law, Indianapolis, Irish Supreme Court

As the harsh economy threatens the financial security of thousands of Hoosiers across the state, Indiana lawyers and judges are gathering to learn how to handle mortgage foreclosure cases, reports the Indiana Supreme Court.  The Indiana Supreme Court reports that mortgage foreclosures have increased by 50% during the last five years in the state’s courts.

Indiana Supreme Court Justice Randall T. Shepard hopes to train more attorneys in Indiana than in any other state in how to represent people facing mortgage foreclosure cases in Indiana.

The goal is to train hundreds of attorneys and judges across the state on how to help families in jeopardy of losing their homes. The program includes an effort to provide free legal help to homeowners in need of assistance. Chief Justice Shepard explained, “It makes sense that a person who is facing a financial burden so severe that they may lose their home cannot afford to hire an attorney to review their foreclosure case. That is why we are recruiting volunteer attorneys to help people who are in need of assistance.”

Technorati Tags: financial crisis, Indiana Supreme Court, mortgage foreclosures

Does an oath make a difference if it had been already given by previous police departments subsequently merged into a new department?

It shouldn’t matter because it would seem that the original oath would survive the merger of the two police forces, but it remains to be seen what will happen in Indianapolis until a decision is issued in a recent Indiana Supreme Court case.

The oath-taking issue is before the Indiana Supreme Court in the case of State v. Cheryl Oddi-Smith, 49A05-0708-CR-445.

Marion County and Indianapolis police officers had been sworn into their respective departments before the consolidation of the city and county forces into one unit: The Indianapolis Metropolitan Police Department. Some police officers weren’t re-sworn when the new entity was created.

Cheryl Oddi-Smith was arrested by officers of the new police force, but her case was tossed by a Marion County Superior Court judge because of the oath-taking issue.

An appeal went directly to the Indiana Supreme Court because the trial court decision created an emergency in the legal system and involved in issue of great public importance.  Would every arrest in Indianapolis since the creation of the new police force be invalid?

Writes the Indiana Lawyer Daily’s Michael Hoskins about recent oral arguments in the Oddi-Smith case:

Justice Frank Sullivan picked up on the term “consolidated” and compared the law enforcement consolidation to a corporate merger, where the new entity is beholden to all the previous liability and obligations the former two agencies had.

He pondered what would happen to lawsuits or actions filed to a previous agency if that liability went away with a consolidation, and his colleagues picked up on that thought. Justice Ted Boehm noted that it could create an opportunity for municipalities to create a shell game to avoid liability, washing their hands clean of any potential trouble by forming a new entity.

“If an oath doesn’t carry over, what else doesn’t carry over,” Justice Sullivan asked. “What implications does that have, and how can that make sense?”

Technorati Tags: Indiana Supreme Court, Indianapolis Metropolitan Police Department, State v. Cheryl Oddi-Smith

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