President’s Message Kent A. Jeffirs, President
STEMMING THE TIDE ON UNWARRANTED ATTACKS ON THE JUDICIARY As a lawyer, a city judge and President of the Lake County Bar Association, I am deeply concerned with the growing frequency of unwarranted attacks on the integrity and independence of our judiciary. These attacks have taken the form of derogatory statements against particular judges, expressions of contempt for the entire judicial system and attempts by our legislative bodies to override the independence of the judiciary. It is difficult to pick up any newspaper these days (local, state or national), without finding an article, commentary, legislative proposal or letter to the editor denouncing the dedicated men and women who serve as our judges. Most notably of late is the backlash against
Website www.lakecountybar.com Email address lcba@skyenet.net judges as a result of the Terri Schiavo case. Within the last week alone, I read a letter to the editor in The Times describing judges as “evil” decision makers whose decisions harm innocent people. In support the writer cited as examples the Schiavo case and the “judges in Indianapolis who decided our death by raising our taxes so high.” Similarly, a recent editorial in the Post Tribune described the Schiavo case as “a governmental determination to kill an innocent woman” and described the judiciary as “the most dangerous branch of our government.” As judges and lawyers, we must work to better educate the public on what the role of our judiciary is. Simply put, that role is no more and no less than to apply the existing law to the case at hand despite the current social and/or political climate and even under the most difficult of circumstances. Robert J. Grey Jr., President of the American Bar Association, said it best in a recent statement: “The tragic circumstances of the Terri Schiavo case have elicited strong feelings from all quarters. While this is completely understandable, many commentators and observers have crossed the line in using this tragedy to needlessly, gratuitously and viciously attack the dedicated men and women who serve as America‟s judges. This needs to stop.” “While it is appropriate for commentators, policymakers and the broader public to debate the societal challenges and dilemmas brought to light by Terri Schiavo‟s case, there is no need for personal attacks on the judges in this case. They are not killers as some have called them, nor are they activists bent on pushing an ideological
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agenda. They are simply dedicated public servants called on to serve as impartial arbiters in a very difficult case. Instead of maligning them for applying existing law to the case at hand, we should praise them for dispensing even-handed justice and upholding the independence of the judiciary even under the most difficult circumstances. These judges deserve our respect, not our scorn.” Of even greater concern than the Schiavo backlash are the recent attempts by our federal and state legislatures to override the independence of the judiciary. The framers of our federal and state constitutions understood the need for the checks and balances inherent in our three separate branches of government (executive, legislative and judicial), and the need for the judicial branch to be insulated from the pressures of politics and popular opinion. We saw one attempt to whittle away at the independence of the judiciary when President Bush and Congress quickly enacted a new law to further extend the court‟s review process in the Schiavo case. (Fortunately, Congress only enacted another avenue for appellate review rather than attempting to substitute its judgment for the courts‟ interpretation of our existing laws.) Of even greater concern, however, we are now witnessing attempts by the Indiana legislature to enact new laws which aim to undermine the independence of Indiana‟s judiciary. One proposal made earlier this year proposed to deny a judge the ability to allow defendants to post a refundable 10% cash bond with the court clerk in favor of only being able to post a surety bond through an “insurer” (read “bail bondsman”). The effect would have been to limit a judge‟s authority to set bonds as he or she deems proper for a case and to reward and enrich the bondsman. The latest and most disconcerting legislative proposal in Indiana to usurp the independence of the judiciary attempts to take away the Governor‟s right to appoint and Indiana citizen‟s right to vote on the retention of our supreme court and appellate court judges and to place that power in the hands of the legislature. The proposal provides that a justice of the supreme court or judge of the court of appeals shall serve for ten years after their appointment is confirmed by the senate or the justice's or judge's retention
in office is confirmed by the senate. Currently, the Governor appoints our supreme court and appellate court judges from those candidates selected by the judicial nominating committee. Retention of our supreme court and appellate court judges is by public election. This proposal provides that a supreme court justice or appellate judge may not take office until being confirmed by the state senate. Similarly, if a sitting supreme court justice or appellate judge wishes to serve another term, they must apply to the state senate for retention and will be retained unless: (1) the judge or justice does not apply to the senate for retention; or (2) at least 60% of the members of the senate vote against retention. This proposal is nothing short of a politicalization of our judiciary at its highest levels. One need only look at the contentious and political nature of the confirmation hearings held by the United States Senate in lifetime appointments to the federal bench – and the resulting number of federal judicial vacancies in recent years – to understand why this usurping of judicial independence will never work for Indiana. Rather than a judicial appointment and retention system by the Governor and the citizens, our supreme court and appellate court judges, and their decisions, would be at the mercy of the Indiana legislature whenever a judge‟s decision does not fit the current social or political climate. Majority rule, not the rule of law as embodied in our constitution and statutes, would be the final word and the very independence we crave in our judiciary would be compromised. I have received some assurances that this proposal, like the bail bond proposal before it, will likely not become law in Indiana. I hope for the sake of our independent judiciary and our citizens that it indeed fails. Finally, I would be remiss if I were not to mention the circumstances under which we call upon our judges to take on these difficult cases often filled with family anguish, economic hardship and tremendous social and political repercussions. First, we have all seen in recent weeks the news reports concerning the killing of a judge in Atlanta, the killing of a judge‟s family in Chicago and the call for greater security for our courts and judges. Some security improvements have been made recently, but more is needed to protect the protectors of our
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rights. Secondly, and more easily addressed, is the fact that we ask so much of our judges and yet deny them even a simple cost of living pay raise for years. Our judges have not had a pay raise – which requires approval by the legislature – for eight years and are currently 48th in compensation out of our 50 states. It is time to right an eight year wrong and for our legislature to finally enact another pending proposal which would allow our judges to be fairly compensated and allow modest cost of living increases in the future without having to beg the legislature each year. A proposal now before the Indiana legislature would do just that. Judges pay should not be tied to other state employees, should not require new legislation to be passed each year for even the most modest cost of living adjustment and should be determined by an independent commission rather than the legislature. As our Chief Justice Randall Shepard said in his State of the Judiciary Address, “good enough can never be good enough.” I recently attended a town-meeting type luncheon with Governor Mitch Daniels in Crown Point. He asked for any and all questions on the minds of those in attendance. I stood and stated my perceptions of these unwarranted attacks on the integrity and independence of our judiciary, and asked about his thoughts on the abovementioned legislative items. I am happy to say he was responsive, well informed and gave me hope that the legislative efforts to usurp the independence of the judiciary would not likely come to pass and that he supported the proposals for reform of how we determine judicial compensation. Thank you for your time and support, Governor Daniels. Now I ask that if you, the members of our bench and bar, have not already done so, please contact your state representatives and Governor Daniels‟ office and voice your opposition to the proposal to politicize the appointment and retention of our appellate judges and your support of the proposal to reform judicial compensation. Most of all, however, talk to your clients, your friends, your neighbors and anyone else who will listen. Tell them that the recent attacks against the dedicated men and women who serve as our judges are unjustified. Tell them that they are dedicated public servants whose job is to apply existing law to the case at hand without bending to the
pressures of popular opinion or political desires. Tell them that our judges indeed deserve our respect.
Kent A. Jeffirs NOTICE FROM THE LAKE CIRCUIT-FAMILY COURT
Lake County Rules of Family Law, Rule 5 (C), requires an “Approval As To Form” and a signature line for each counsel or pro se litigant on all Agreed orders and Orders prepared pursuant to Rule 5. Orders submitted without the required “Approval As To Form” will not be accepted by the Lake Circuit Family Court. In addition, if you are filing a Motion For Continuance you must always contact the opposing attorney to determine if the matter can be continued by agreement. If the parties agree to a continuance then you may submit the continuance on a CCS form. If the parties do not agree to the continuance, then you must submit a Motion and proposed Order. The Motion must state the date you contacted the opposing attorney and whether the opposing attorney objects to the continuance. Following this simple procedure will greatly expedite the Court‟s ruling on pending Motions For Continuance.
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LAWYERS ON THE MOVE & DIRECTORY CORRECTIONS
I‟m sure all of you are aware that the 2005 LCBA Legal Directories have arrived and have been mailed to the membership. If after looking through this year‟s directory, you find a mistake or change that was not reported to the Bar office, please fax the correction/change to 736-6400. Please do not call in changes. Unfortunately a number of changes are sent to the office after the directory information has been sent to the printer. The deadline each year for changes is January 31st. The corrections/changes will be published each month, as always, in the „Lawyers on the Move section of the newsletter. Please make these changes in your directory. If you are in need of additional books for your office staff, please mail your payment (including $3.00 postage and handling per book) to the LCBA Office located at 2293 North Main Street, Crown Point, IN 46307. You can also stop in the office and pick them up and save the postage and handling fees. This month‟s directory corrections and changes are as follows: Connie L. Bauswell has moved her office to Valparaiso. The new address is 58 Jefferson Street, Valparaiso, Indiana 46383. Phone (219) 548-0980. Fax (219) 548-0993. ----Lori V. Gillis has relocated her law office to 4858 Broadway, Gary, IN 46401. Phone (219) 887-2626. Fax (219) 887-2829. ----Alissa F. Resop has relocated her practice to the law firm of Beckman, Kelly & Smith, 5920 Hohman Avenue, Hammond, IN 46320. Phone 933-6200 – fax 933-6201. ----Trial Lawyer, Duke T. Escue is no longer affiliated with State Farm Litigation Counsel. He is entering private practice with Walter J. Alvarez. Phone (219) 662-6400. Fax (219) 6626410. Mailing address is now: 1524 West 96th Avenue, Crown Point, IN 46307. ----For all correspondence of Atty. Laura Bottando, please send to P.O. Box 278, Hobart, IN 46342. Phone (219) 742-2683. Thank You. ----Atty. Paul D. Stanko updated information was not included in the 2005 directory, please notate the changes accordingly; 10971 Four
Seasons Place, Suite 213, Crown Point, IN 46307. Phone (219) 226-0137. Fax (219) 6626924. Toll-Free: 1-888-PSTANKO. E-mail: paulstanko@lawyer.com. ----Thomas K. Hoffman & Robert E. Stochel has a new address of One Professional Center, Suite 306, Crown Point, IN 46307. Phone and Fax numbers remain the same: (219) 662-0165 and (219) 662-2151, respectively. ----Lucretia A. Thornton, Attorney/Nurse, has joined the law firm of Hoeppner Wagner & Evans at its Merrillville location of Twin Towers, Suite 606 South Tower, 1000 East 80 th Place, Merrillville, IN. Phone (219) 769-6552. Fax (219) 738-2349. ----Janice R. Gambill has relocated her office to 6183 Central Avenue, Portage, IN 46368. Phone (219) 763-6003. Fax (219) 763-6044. Email janicergambill@aol.com. ----Thomas C. Higgins is (219) 756-7408, please make this correction to your directory, on page 40.
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LCBA SCHOLARSHIP APPLICATIONS
Lake County Bar Association‟s 4th Annual Scholarship applications are now available. You can either pickup an application from the LCBA office or send a self addressed, stamped envelope to: LCBA, 2293 North Main Street, Crown Point, IN 46307, and an application will be mailed to you. We are also in the process of having them put on the LCBA Web site. Applications have also been sent to all of the Indiana Law Schools. The applications can be picked up in the Financial Aid Department of the law schools. Last year we were please to give our third scholarship to two deserving law students – Christie Lynn Bodnar and Jaclyn Marie Palos who each received an award of $2,500.00 to be applied towards their law school tuition. Scholarships shall be credited only towards tuition costs at an accredited law school located anywhere in Indiana and will be paid directly to the law school. Academic performance shall be the primary criteria, however; involvement in quality extracurricular activities and community involvement shall be considered. Application must be received by June 1, 2005 (received by, not postmarked by) in order to be considered for this year‟s award.
The Rule was formally adopted on February 25, 2004 to take effect January 1, 2005 (All NEW case filings and public access requests must comply with The Rule beginning January 1, 2005). The Rule assures records are publicly accessible unless they are explicitly excluded from access. The Rule assures full public access to court records while protecting privacy interests. The rule governs confidentiality and access issues for both administrative and case records in all Indiana courts. The rule and green paper: o In instances where a court order contains non-public information, the full order should be produced on green paper for inclusion in the nonpublic case file and a redacted copy made available for general public access. o In instances where a court order contains non-public information, the full order should be produced on green paper for inclusion in the nonpublic case file and a redacted copy made available for general public access.
FROM THE DESK OF THE CLERK OF THE CIRCUIT COURT
Why are office supply stores out of green paper? We all know court records in Indiana have been presumed to be open for public access except for those deemed confidential. The whole idea is that both government and public interest are better served when records are open for public inspection. Effective at the beginning of this year, a lot of issues arose surrounding changes to Administrative Rule 9 (which we call “The Rule”) – perhaps the most frustrating of which is the requirement to use “green paper” when filing certain court documents. A quick summary:
Most importantly, we acknowledge that we are all in a trial and error period. The clerk‟s office will strive to help in any way possible as we move through these “uncharted waters” with all of you. Keep in mind that questions pertaining to Administrative Rule 9, public access, or confidentiality issues may be directed to the Division of State Court Administration at (317) 232-2542 or its website at http://www.in.gov/judiciary. In the meantime, you might want to stock up on light green paper. It seems to be at a premium since last January! Clerk Thomas R. Philpot
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Presents
A Live 3 Hour Ethics CLE
Golf
&
“Ethics”
Magistrate Christina J. Miller, Chair
Friday, May 20, 2005
At White Hawk Country Club – 10001 White Hawk Dr. – Crown Point
(Main St. south to Summit, turn west and drive about 2 miles and turn right into White Hawk Sub Division)
Registration begins at 8:00 a.m. Cost is $100.00 for LCBA members - $170.00 Seminar & Golf ********** $150.00 for non-members - $250.00 Seminar & Golf
(Lunch included)
Speakers Donald R. Lundberg, Disciplinary Commission, Executive Secretary Marce Gonzalez, Jr., Lake County Attorney Christina J. Miller, Magistrate Lake County Circuit Court, Civil Division
(Topics to be announced at a later date) Please fill out the registration form and return it with your payment to: Lake County Bar Association, 2293 North Main Street, Crown Point, IN 46307 Make check payable to Lake County Bar Association Name __________________________________________________________________ Firm ___________________________________________________________________ Address ________________________________________________________________ City _________________________________ State _______ Zip Code _____________ Amount enclosed $____________ Lunch ____Yes ____No Attorney ID#__________
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COMPLETE ESTATE SERVICES "WE SELL IT ALL" On Site Estate Sales On Site Auction Services Quick Settlement Appraisal Services Available Real Estate Service FREE VERBAL APPRAISALS Estate Sale Professionals Thomas Surovek, Auctioneer 219-844-2462 Voice 219-844-2463 Fax tomsurovek@aol.com
GLENN PETERS LAW SCHOLARSHIP
Bank Calumet is accepting applications for the Glenn Peters Law Scholarship. The scholarship is limited to law students who reside in the northern District of Indiana. The Northern Indiana District includes the following counties: Adams, Allen, Benton, Blackford, Carroll, Cass, DeKalb, Elkhart, Fulton, Grant, Huntington, Jasper, Jay, Kosciusko, LaGrange, Lake, LaPorte, Marshall, Miami, Newton, Noble, Porter, St. Joseph, Starke-Pulaski, Steuben, Tippecanoe, Wabash, Warren, Wells, White, and Whitley. Applications can be obtained from Bank Calumet. If you need additional information concerning the scholarship, please contact Bank Calumet at 219/853-2115. The application deadline is June 1, 2005.
MARK YOUR CALENDARS!! LIVE CLE/GOLF
Ind Lic AU10200146
&
C.A.H., INC. COURT ORDERED SERVICES *Families and Divorce Classes Anger Management Classes Domestic Violence Classes Parenting Classes Substance Abuse Prevention Classes Guardian Ad Litems Available Mediation Services Supervised Visitation Site *This course is the one required by the courts and meets on the second and fourth Monday of each month from 6 – 10 p.m. For more information, contact CAH, Inc. for all your needs at (219) 884-7365 – fax 985-0593. The Lake County Bar Association will present a three (3) hour Ethics Seminar on Friday, May 20, 2005 at the White Hawk Country Club. Lunch will follow immediately after the seminar. For the golfers, be prepared to tee off at 1:00 p.m. Keep an eye on the newsletter for registration information and additional details as the date gets closer. The seminar is chaired by Magistrate Christina Miller of the Lake County Circuit Court. A flier is included in this newsletter. Please fill out the form and mail it, along with you payment, to the Lake County Bar Association, 2293 North Main Street, Crown Point, IN. We need to get a count for the Golf portion as well as the seminar portion of this seminar.
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REPORT ON JURY DEMOGRAPHICS IN THE LAKE COUNTY CIRCUIT COURT FROM JANUARY 2003 TO JANUARY 2005 Gender: Most of the juries in the court had seven jurors. If this holds true, the average jury would consist of 4 women and 3 men. General statistics of population for Lake County have the gender breakdown at 52% women and 48% men. Based on this, there seems to be some other external factor as to why women are exceeding their proportion of the population in serving as jurors. Possible avenues of explanation include attorney strategies during the jury selection process and differences in the proportion of men and women who are registered to vote. Race: Caucasians make up 69% of jurors, while they make up 72% of the population of Lake County. African Americans make up 20% of jurors and 25% of the general population. Asian Americans make up less than 1% of jurors and .9% of the general population. Hispanics make up 4% of the jurors and 13% of the general population. The main observation from these statistics is that while the percentage serving as jurors corresponds closely to the percentage in the general population for Caucasians, African Americans, and Asian Americans, there is a significant disparity in that relation among Hispanics. The number might change based on the race of those jurors who were unidentified, but possible avenues of explanation for the disparity again include attorney strategies during jury selection as well as the percentage of each race in registering to vote. Age: The age information clearly shows that individuals in their 40s and 50s make up a substantial part of jurors, a combined 63%. The majority, of the population, of Lake County, are between the ages of 25 and 64, which corresponds to the majority of the jurors. A reasonable assumption would be that this proportional disparity between the age groups would also be reflected in voter registration records. Occupation: The obvious observation is that most jurors‟ occupation is not recorded by the court during the jury service. From those identified, there seems to be a decent balance between different types of professions. The unemployed category, it should be noted, includes those who are unemployed by choice, i.e. retired individuals or stay at home parents.
Deferral Information: There were 209 individuals who served as jurors in Lake County Circuit Court from January 2003 and January 2005. 72 individuals received deferrals at this time. Taken together this is 281 individuals who would have served, with about a quarter of those seeking and receiving deferrals. Jury Question: Within the time period, jurors asked 376 questions, and 284 were allowed to be asked by the Court and the attorneys in the respective trials. Accordingly, about ¾ of all questions were answered. Jury Verdicts: While half of the verdicts were not identified, 80% of those that were identified were in favor of the plaintiff. This does not necessarily mean that the jurors are favoring the plaintiff in these cases. Many times the verdict for the plaintiff, depending on the sum of money awarded, is really more of a victory for the defendant. Jury Verdict Plaintiff Awards: The awards show a pretty good range for the awards, with the lowest being just above $5,000 and the largest being above $1,000.00. The Average is inflated somewhat by the million dollar judgment. The majority of all judgments reported are below $50,000.
ATTENTION SOFTBALL PLAYERS!
The Lake County Bar Association Circuit Riders ride again! If you are interested in playing softball this summer, (men‟s or coed), please contact Frank Martinez at 923-9922.
GRIEVANCE COMMITTEE REPORT
The following are stats reported by the Grievance Committee Chair Donald Levinson for the month of March, 2005: 51 complaint forms mailed out 3 new referrals to the Commission 9 cases disposed of 7 active cases
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CRIMINAL CORNER Jim Foster, Chair
The April meeting, as always, was the first Wednesday in the month and the May meeting is scheduled as follows: Wednesday, May 4, 2005 Andorra 5:15 p.m. We were pleased, in April, to be joined by First Assistant Peter Villarreal. The Press Conference, on the Hobart-shooting case, prevented attendance by Prosecuting Attorney Bernard Carter and First Deputy Barbara McConnell. We appreciate Pete=s efforts under these circumstances. We hope this will be the beginning of a regular practice for dialogue/sharing between the prosecution/defense. The role of prosecution/defense is and will remain adversarial. This is not only appropriate but a necessary part of the adversarial-system. It is further the case that ongoing dialogue should prove beneficial for several reasons including (A) areas of common interest (B) areas of mutual convenience and, perhaps most important (C) attempts to foster civility. Sports analogies can get tiresome but I still think it well expressed when it was noted that a trial, is like a basketball game when, during the contest, elbows will get thrown and one may get Amiffed@ but, at the end of the event, if you are not big-enough to shake hands you were not bigenough to be in the game. Adversary means competition not vendetta and, if it becomes personal, one or other of the participants is `offbase=. That being said, our first formal prosecution/defense gathering, following the bench-bar of last year, was refreshing. We touched upon several issues and will search for common ground in the next few weeks. Our discussions were open about several topics including the following: 1. Initially, it need be said, that both sides indicated that they would consider flexibility on every topic that was discussed. In short, there was no subject discussed about which either party said they would have to be rigid. 2. One subject was easier than all the rest. It appears the defense and prosecution will be in total agreement about the present efforts to remove the retention vote, for Court of Appeals Judges, from
the general election to the Senate. It would not be wise, in our opinion, for any judge, on the Court of Appeals to be in jeopardy, of removal, if 60% of the senators decided that Judge should go. I chatted, passingly, with President Jeffirs, last week, who I think may have more to say about the subject in his message. 3. Various other topics will be subject of ongoing dialogue to search for common-ground. These include, for example, such diverse subjects as bonding practices, some OWI dispositions and whether there is a solution (presenting peaceful coexistence) for the defense position that the current law requires submission of all witnesses‟ addresses and the prosecutors wish to honor the request, of various witnesses, to keep such secret from the defendant. I feel such on-going dialogue can only be beneficial to both sides. I hope it becomes a regular and standard part of the practice of law, in the Criminal Courts arena.
FAMILIES & DIVORCE: WORKING IT OUT
Families and Divorce is a mandatory 4 hour class informing parents of ways to help their children through the divorcing process. Learn practical communication strategies so that both parents can stay involved in the child‟s life. This class fulfills the court order requiring that both parents attend a class within 60 days of filing for a marriage dissolution or separation proceeding in Lake Superior Court involving any child or children under the age of 18. Attend one class, from 6-10 p.m., cost $50 per person. Schedule for 2005: Southlake location 8553 Taft St. Merrillville, IN (219) 736-4523
Wed. 5/4 SL 6:00 pm Wed. 6/8 SL 6:00 pm Wed. 7/6 SL 6:00 pm Wed. 8/10 SL 6:00 pm Wed. 9/7 SL 6:00 pm Wed. 10/5 SL 6:00 pm Wed 11/2 SL 6:00 pm Wed 12/7 SL 6:00 pm
Tri-City location 3903 Indianapolis Blvd. East Chicago, IN (219) 392-6011
Thurs. 5/19 TC 6:00 pm Thurs. 6/23 TC 6:00 pm Thurs. 7/28 TC 6:00 pm Thurs. 8/25 TC 6:00 pm Thurs. 9/22 TC 6:00 pm Thurs. 10/20 TC 6:00 pm Thurs. 11/17 TC 6:00 pm Thurs. 12/15 TC 6:00 pm
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LCBA REFERRAL SYSTEM The referral system is open to any LCBA member who has been in practice at least 3 years. Any member can sign up in as many areas as they are interested in accepting referrals. The cost is $50 for referral registration and $25 for each area of law listed. A caller is given the first three names and phone numbers in an area. The cards are marked, indicating each time the name was given. The first card is moved to the end of the list. The areas of practice, the number of attorneys participating in that area and the number of referrals are listed below. There were 393 referrals given in the month of March. There have been 1308 referrals given 2005. # of Attys. 4* 20 4* 4* 16 29 38 7* 0* 32 10 2* 15 1* 48 17 2* 10 2* 3* 0* 36 12 15
* Areas in which we are either short or have no panelist representation. Please look over the form included in this newsletter, make your selections and return with payment to the Lake County Bar Association, 2293 North Main Street, Crown Point, IN 46307.
LAKE COUNTY DOMESTIC RELATIONS COUNSELING BUREAU
WHAT THE BUREAU CAN DO FOR YOU: The Bureau can link you with the following resources for services on a low sliding-scale basis: If you and your lawyer have filed pleadings and are court-referred: Mediation Reconciliation Counseling Custody Evaluations Guardian ad Litem and Supervised Visitation Services General Counseling Services If you are not court-referred but are still seeking services: Marriage/Family counseling General Counseling Services (Addiction, Stress, Anger Management, Surviving Abuse, etc. ) The Bureau Also Provides: a. a safe environment for clergy to counsel congregation members, b. free parenting classes, c. post-decree conflict services, d. support group services How Bureau Services Get Provided: • Court ordered • Referred by any other sources…even yourself To Get Bureau Services: 1. Call the Bureau (755-3683). 2. If you are court-ordered provide us with your attorney‟s name. 3. Interview with Bureau by phone or in person to determine a choice of referrals which best suit your needs. 4. Contact referrals and follow recommendations. Convenient Location 1. Lake County Government Center in Crown Point
Area of Practice Americans With Disabilities/Elder Bankruptcy/Collections Civil Rights/Discrimination Consumer Law Corporation/Business Criminal/Adult & Juvenile DWI/Traffic Employment/Discharges & Discipline Environmental Family Law Foreign Speaking Immigration Law Medical Malpractice Patent/Trademark Personal Injury Real Estate/Zoning School Law Social Security Tax Law Tenants Rights Transportation Wills/Trusts/Probate Worker's Compensation Licensed in Other States TOTAL
Ref 5 20 43 22 10 23 13 42 0 80 1 4 18 8 18 18 9 11 3 19 0 9 12 5 393
The 2004 panel‟s membership has expired and the new panel has been put in place of 2005. If you are interested in becoming a referral panel member, please fill out and return the form that‟s located in this newsletter.
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LAKE COUNTY BAR ASSOCIATION’S 2005 REFERRAL REGISTRATION FORM
Agreement I hereby certify to the Lawyers Referral Program of the Lake County Bar Association that: 1. I will comply with the rules for participation in this program. 2. I will maintain a current membership status to the LCBA. 3. I understand that I must be licensed and practicing in the State of Indiana for at least three (3) years 4. I understand that there is a $50.00 panel fee to participate in the Referral Program; and a $25.00 listing fee for each area in which I chose to participate (from the categories below). 5. I will reimburse the LCBA $25.00 for each fee generating case I accept from the referral program (Attorneys not in compliance will be removed from the panel). 6. I understand that if I do not accept employment of a prospective client sent by the LCBA‟s Referral Program, I may not refer the caller to another attorney without the prior consent of the LCBA. 7. I understand that the clients are given names and phone numbers on a rotation basis according to the area of law that they require assistance in and that at no time will the attorney be referred based on location, race, gender nor religion. 8. I have read and I am familiar with the Rules for Referral Program participation. 9. Upon signing this Agreement, I am fully knowledgeable and aware of its contents. I represent that all statements contained herein are true. I agree to abide by this Application and Agreement. Date _____________________ Signature ________________________________________________
Phone # ________________ Print Name _______________________________________________ Address ______________________________________________ City _________________________ INDICATE THE AREAS YOU DESIRE TO BE LISTED Americans with Disabilities/Elder _______ Bankruptcy/Collection ______ Civil Rights/Discrimination ______ Consumer Law ______ Corporation/Business ______ Criminal/Juvenile & Adult ______ DWI/Traffic ______ Employment/Discharge & Discipline ______ Environmental Law ______ Family Law/Adoption, Paternity, Dissolution ______ *Foreign Speaking ______ *Licensed in another State ______________________ Immigration ________ Medical Malpractice ______ Patent ______ Personal Injury ______ Real Estate & Zoning ______ School Law ______ Social Security ______ Tax Law ______ Tenant’s Rights ______ Transportation Law ______ Will/Trust/Probate ______ Worker’s Compensation ______
I have listed _____ areas and enclosed $_________ *No registration fee for these categories. List foreign language you speak fluently. List other States you are licensed in.
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2005 BOARD OF MANAGERS MEETING
The LCBA Board of Managers meets this year on the third Wednesday of each month. We are attempting to rotate our meeting locations throughout the year to various places in the county. The meetings are open to every LCBA member. The gathering is at 5:30 PM. The meeting will begin at 6:00 PM and conclude by no later than 7:30 PM (except in extraordinary circumstances.)
DATE PLACE May 18, 2005 Patio, Merrillville June 15, 2005 Patio, Merrillville July 20, 2005 Patio, Merrillville August 17, 2005 Patio, Merrillville September 21, 2005 Patio, Merrillville October 19, 2005 Patio, Merrillville November 16, 2005 Patio, Merrillville December (to be announced later)
LCBA VERDICTS & ORDER REPORT
Type of Action: Automobile Accident Name of Case: Patricia Zdonek v. Carl Falashetti and Allstate Insurance Company Type of Injuries: Fractures of the right femur and hip Date of Jury Trial: March 14, 15, 16 and 17, 2005 Court/Case No.: 45D10-0305-CT-00099 Name of Judge: John R. Pera Damages Awarded: $1,080,000.00 against Allstate Insurance Company Specify Compensatory, Punitive or Defendant’s Verdict: Compensatory Attorney for Plaintiff: Kenneth J. Allen and David W. Conover Attorney for Defendant: Jennifer Lute-Costello for Carl Falashetti: Robert P. Stoner for Allstate Insurance Company Case Information: Plaintiff contended that on June 5, 2001, she was a passenger in a vehicle traveling westbound on 61st Avenue near Colorado Street in Hobart, Indiana. Plaintiff claimed that the Defendant, Carl Falashetti, was traveling eastbound
on 61st Avenue when a vehicle driven by James Woodside, a nonparty in this case, pulled out of a driveway causing Mr. Falashetti to swerve and hit the Plaintiff‟s vehicle head on. As a result of the collision, The Plaintiff sustained a fractured right femur and hip which required surgical repair. Approximately ten months after the collision, Plaintiff underwent hip replacement surgery. Plaintiff claimed damages for medical expenses in the amount of $94,359.03, lost wages in an amount between $12,000.00 and $15,000.00, future medical expenses, loss of earning capacity, loss of ability to function as a whole person, past and future pain and suffering, disfigurement and permanent injury. The Defendant, Carl Falashetti, denied that he was negligent and asserted non-party and sudden emergency defenses. The Defendant, Allstate Insurance Company, admitted the Plaintiff held a policy of insurance under which she may have been entitled to benefits; however, it disputed the nature and extent of the injuries and damages claimed by the Plaintiff. Plaintiff‟s final demand $950,000.00 (from Allstate only). Defendant, Carl Falashetti‟s final offer: $35, 000.00. Defendant, Allstate Insurance Company‟s final offer: $350,000.00. Medical evidence was presented on behalf of the Plaintiff through the testimony of Adel Baghdady, a physical therapist; Deann Engle, a home-care nurse; Frank Kilian, a physical therapist; Dr. Gene Victor Fedor, an orthopedic surgeon from Hobart, Indiana; and through the deposition testimony of Dr. Joseph B. Koscienlniak, Jr., an orthopedic surgeon from Merrillville, Indiana. The Jury returned its verdict in favor of the Plaintiff, found damages in the amount of $1,080,000.00 and assessed 100% fault for the collision against the Non-Party, James Woodside. ----Type of Action: Automobile Accident Name of Case: Shauna Hartman v. John S. Rukas Type of Injuries: Neck, lower back and left leg pain; left arm pain and numbness Date of Jury Trial: March 14 and 16, 2005 Court/Case No.: 45D11-0108-CT-293 Name of Judge: Jeffery J. Dywan Damages Awarded: $5,600.00 Specify Compensatory, Punitive or Defendant’s Verdict: Compensatory Attorney for Plaintiff: Frank R. Martinez, III Attorney for Defendant: Anthony F. Tavitas Case Information: Plaintiff testified that on June 23, 2001, she was stopped in traffic of the left
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through lane of eastbound U.S. Route 30 near Taney Street in Merrillville when she was struck in the rear by the Defendant. Plaintiff further testified that after she was struck by the Defendant, she then struck the rear of the vehicle in front of her. Defendant testified that he also had been traveling eastbound on U.S. Route 30 and that traffic was heavy on the date of the accident. Defendant further testified that he was also stopped in traffic behind the Plaintiff. Defendant testified that as the Plaintiff started to move forward and he started to move, the Plaintiff suddenly stopped in front of him, which caused him to hit the Plaintiff in the rear. Defendant testified that there was no damage done to the front of his vehicle as a result of this collision. Plaintiff‟s losses claimed were medical expense of $3,392.99 and 60.5 hours of earnings. Property damage to the Plaintiff‟s vehicle totaled $4,061.73. The Jury assessed fault as zero percent to Plaintiff and 100 percent to Defendant. Plaintiff‟s physician who testified was Prasit Sri, M.D. ----Type of Action: Automobile Accident Name of Case: Betty L. Gaisser v. George L. Harveth Type of Injuries: Head, shoulder and neck pain; headaches Date of Jury Trial: March 14 and 17, 2005 Court/Case No.: 45D11-0307-CT-148 Name of Judge: Jeffery J. Dywan Damages Awarded: $5,670.55 Specify Compensatory, Punitive or Defendant’s Verdict: Compensatory Attorney for Plaintiff: Mitchell A. Peters Attorney for Defendant: Jennifer L. McCloskey Case Information: Plaintiff testified that on September 14, 2001, she was traveling westbound in the right lane of 45th Street in Highland, when the Defendant, who was stopped in the left lane, attempted a lane change and struck the Plaintiff‟s vehicle on the left rear quarter panel. Defendant testified that he also had been traveling westbound on 45th Street and was stopped behind traffic in the left lane. Defendant further testified he had been waiting a long time in the left lane and wanted to change lanes to continue westbound. Defendant testified that as he attempted to change lanes, he checked his rearview mirror but not his side view mirrors before initiating the lane change, and then collided with the Plaintiff. Plaintiff‟s losses claimed were medical expenses of $5,644.00 and lost wages of $325.00. Total damages found by the Jury were $5,969.00.
The Jury assessed fault as 5 percent to Plaintiff and 95 percent to Defendant. Plaintiff‟s chiropractor who testified was Tami Sue Van Senus.
LCBA & ICLEF CLE VIDEO REPLAY SCHEDULE
The schedule for CLE video replay seminars is set forth below. The CLE seminar registration begins at 8:30 AM except when noted. All seminars listed below will be presented in the Auditorium of the Government Center located at 2293 North Main Street, Crown Point (Building B, 1st floor). All Checks for the seminars listed below are to be made payable to ICLEF. *If asterisk appears next to date, checks are to be made payable to LCBA. April 22 NURSING HOME LITIGATION 6 CREDIT HOURS Moderator Needed INDIANA PROPERTY TAX 6 CREDIT HOURS Moderator Needed COLLECTIONS 6 CREDIT HOURS Moderator –Ed Campagna
LABOR & EMPLOYMENT LAW
May 13
June 10
June 24
6 CREDIT HOURS Moderator –Nick A. Perko, III August 26 PLANNING & ZONING 6 CREDIT HOURS (+ 1.5 ETHICS) Moderator –J. Justin Murphy DWI 6 CREDIT HOURS (+.5 ETHICS) Moderator- Mark R. Harris INSURANCE COVERAGE 6 CREDIT HOURS Moderator –Cornelius Harrington
September 9
September 23
Please call the LCBA office (219) 738-1905, if you are interested in moderating. Attorneys can only moderate once in a twelve month period. The Attorney must be in Good Standing in order to moderate any of our CLE seminars. In addition, the attorney must be a member of the Lake County Bar Association.
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CLASSIFIED ADS
ATTORNEY OPPORTUNITY
Cohen, Kelly, Olson, DeHaan & Ritcher, L.L.C. is considering expansion of its Indiana operations. Possibilities for association, lateral hires or mergers. Portable business is desirable. Space for administrative staff or will consider a move in Lake County. Call Stephen B. Cohen (219) 836-1171 or send inquires to 9337 Calumet Avenue, Suite A-1, Munster, IN 46321. All communications will be kept confidential. ---------Funk & Foster- seek 2 attorneys. Experienced, well seasoned and new, all will be considered. The Firm of Funk & Foster has been in existence, since 1982. The firm provides legal services for individuals including trial and appellate practice in State and Federal courts. The firm handles criminal defense, family law, personal injury, workers compensation, probate, bankruptcy and almost any matter that can affect the individual. Each attorney in the firm tries to concentrate on particular types of cases for efficiency purposes. Interested individuals should contact either James Foster or Cordell Funk @ 933-4700. ---------A-V rated Northwest Indiana law firm seeks attorneys with 2+ years of experience for rapidly growing business, real estate, estate planning, commercial and bankruptcy practice areas. Ideal candidates should possess experience in one or more of these practice areas. Strong academic credentials required. Litigation experience preferred. Send resume in confidence to: James M. Portelli, Spangler, Jennings & Dougherty, PC, 8396 Mississippi St., Merrillville, IN 46410. ---------Growing insurance defense firm with multi-state practice seeks litigation associate licensed in Indiana and Illinois with 2-4 years experience for its Chicago office. Excellent credentials and writing skills required. Great benefits and congenial work environment. Salary commensurate with experience. Submit resume, references and writing sample to: Mary Jo Greene, Doherty & Progar LLC, 200 W. Adams Street, Suite 2220, Chicago, IL 60606 or email to mjg@dohertyprogar.com ---------Established Hammond firm practicing in litigation, business transactional work, estate planning and administration, real estate, worker‟s compensation and defense seeking attorney to join firm as associate or partner. Established client base desirable but not
essential. Firm work available. Fax resume to (219) 932-2417. ---------Law Office located in Merrillville is seeking an attorney with 2 plus years of experience. The ideal candidate will have 2 or more years of experience in personal injury, medical malpractice, family law and criminal. Salary is commensurate with experience. Please fax resume and cover letter to: 738-9087. ---------Merrillville law firm of Schlyer & Associates, practicing in personal injury and business law, is seeking an attorney, preferably with 1 to 2 years of experience in litigation. Please fax your resume to (219) 757-0231. ---------Associate Attorney needed. Lake County firm is seeking an Associate with a strong interest in the fields of bankruptcy and commercial litigation. Salary commensurate with experience. Send resume along with law school transcripts and legal writing sample to: PO Box 862, Griffith, IN 46319. All inquiries will be kept confidential. ---------Highly successful insurance defense firm seeks experienced attorneys for its South Bend and Crown Point, offices, Kopka, Pinkus & Dolin PC, offers excellent salary and benefits and a professional, collegial work environment. The ideal candidate will have prosecutorial or insurance defense experience in civil litigation or worker‟s compensation defense. Please fax resumes toll free to Kopka, Pinkus & Dolin, PC (877) 577-5299. ---------Established Merrillville attorney with civil litigation practice in State and Federal Courts seeking productive associate with 1-3 years experience. Salary commensurate with experience. Prefer individual with ties to Lake County area. Inquiries remain confidential. Send or fax resume to John P. Bushemi, 8959 Broadway, Merrillville, IN 46410, Fax 769-8170.
OFFICE SPACE
New building located in Cambridge Commons at 9205 Broadway-Suite B, Merrillville, Three offices available. The larger office (12x20) can be furnished to accommodate two separate secretarial/filing areas or one large office. Office has two furnished conference rooms, reception area and break room. Separate entrance optional. For more information contact John N. Pangere at (219) 661-8252. -----------Cohen, Kelly, Olson, DeHaan & Ritcher, L.L.C. has space for up to two attorneys and an administrative person. The office space includes a conference room, wireless internet access and Westlaw (for an additional access fee), a kitchen area, bathrooms, and is fully furnished. If interested contact Chris at (219) 836-1171. All serious inquires will be considered. ---------Office space available on Indianapolis Boulevard in Highland, Indiana. Availability for one, possibly two, attorney(s) to share secretarial and accounting staff.
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Conference room/library, copier, etc. available. Reasonable rent. For additional information. Please contact Ryan Kutansky at (219) 989-7377. ---------Office Space, Munster. Professional office available. Office furniture, equipment, secretary, supplies, telephone system, and library can be provided. Best available for sole practitioner with one (1) secretary. For more information, please call William M. Jonelis, (219) 8364847. ---------Office space available. Route 30 in Merrillville. Multiple options possible, contact Gerry Bishop at 738-2400. ---------Amenities include large office space, conveniently located on Lincoln Highway (Route 30), furniture, computer, facsimile, and telephone. Support staff negotiable. Possibility of overflow work exists. Contact Kaiser Lowe or Monica Webster Lowe at 219/769-1529. ---------Downtown Hammond in close proximity to federal and superior courts. 1850 square feet on 2nd floor at 49 Muenich Court. Call George Glendening at (219) 9320252 ---------Merrillville- 20,000 square feet available for division and occupancy by large or small firms. Centrally located on Mississippi Street, right across from Southlake Mall. Lots of parking. Ideal for professionals. "Law and More on Mississippi". Call Richard Mayer, 769-2323. ---------HAMMOND - 5253 Hohman 1 block from Superior Court rooms 1 & 5 and County Court 4 and 2 blocks from new federal court building - 2,500 square feet of 1st floor space ideal set up for firm or those sharing space Reception room - large secretarial area - one conference room or one large office and 5 other offices - Contact R. Cordell Funk (219) 933-4700 ---------Centrally located furnished office space, telephone equipment, library, copier, conference room, reception area. Possible case referrals. For more information call 972-6000. ---------Merrillville – 2 blocks east of Mall on U.S. Highway 30, pylon signage on U.S. 30. Up to 1500+/ square feet available. Close proximity to three other law firms. Call David Lasser 219-942-3700. ---------Merrillville Law Office space available. Private office, secretarial area, telephone equipment, library/conference room and kitchenette. Possible case referrals. Convenient location – 5 minutes from Lake County Government Center. Contact John P. Bushemi, 8959 Broadway at 769-8100. ---------Merrillville – 2 blocks south of Methodist Hospital and ½ block east of Broadway on 90th Drive. Prior tenant was Law Firm that outgrew space. 10,000 square feet available (can subdivide) with phone/voice mail lines in place for attorney. Brick building, great parking, easy to
find in upscale commercial park. Call Robert Vegter 738-1922.
OFFICE SHARING
Shared office space available. Centrally located in Highland, 1 block East of Indianapolis Blvd. On 45th Street in Brumm‟s Plaza. Furnished office and secretarial space, conference room, kitchenette and lobby area. Telephone voice mail system, copier, DSL Internet, fax machine, etc. Good potential for case referrals. Someone who does civil work would be ideal. Contact Sam at (219) 924-4101. ---------HAMMOND-Shared Office Space Available for 1-2 attorneys. Furnished private office and secretarial space, reception area, and kitchenette. Library/Conference room, Copier/Fax available. Reasonable rent. Contact: Justin Murphy (219) 844-3025. ---------Established Hammond law firm has shared office space available for 1-2 attorneys. Library (Lexis-Nexis), conference room, receptionist/clerical staff available if needed; copier and fax available. Reasonable rent. Contact James E. McHie, Sr. at (219) 931-1707. ---------Newly remodeled professional office space for attorneys on Broadway in Merrillville close to U.S. 30 near Merrillville Town Court. Signage on Broadway. Large private offices with crown molding or cubicles available. Several conference rooms, large lobby, receptionist services available, space for your own secretary if desired. Space from $350.00 per month (cubicle) or $750.00 per month for private office (includes secretarial cubicle). Rent includes all water, sewer, gas and electric as well as unlimited use of common facilities (conference rooms, lobby etc.). Great for solo practitioners or satellite office for larger firm, also plans for practitioners who seek only a place to meet with clients. Contact Edward R. Hall for more information. (219) 756-7670. ---------Office sharing in downtown Crown Point, just off the Square. Library, DSL internet. LAN computers, fax, voice mail, conference room, optional secretarial. Referrals or association possible. Ask for Tim Sendak, (219) 663-0015. ---------Shared office space available. Conference room, telephone answering services, copier, etc. available if wanted. Receptionist/clerical staff available. Good potential for case referrals. Excellent location, south of U.S. 30 on Broadway, near 93rd avenue. Reasonable rent or other work arrangement considered. For details and more information contact Karen at (219) 738-1802. ---------Old town home on North Main Street in Crown Point. Long established firm since 1979. Separate office. Reasonable rent. Call Marc Donaldson at 663-1298. ---------Office available together with a receptionist, conference room and potential referrals. Please call (219) 769-6969 or (219) 769-4552.
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---------Merrillville- shared office space available. Unfurnished office, furnished secretarial space, good location, just North of Route 30 on Broadway. Reasonable rent. For more information, contact Derla R. Gross at 736-1111, fax 736-1522 ---------Prime office space for sharing with Goodman, Katz & Scheele, 9013 Indianapolis Blvd, Highland, Indiana. The offices come fully furnished including telephones, conference rooms, possible case referrals. Contact Sam Scheele at 838-9200. ---------Office sharing arrangement - located on Ridge Road, Munster. Separate office available, space for secretary. Reasonable rent. Call Tom Scully for further details at 836-1380. ----------
Shared office space available. Library, conference room, telephone answering services, copier. Secretarial/clerical staff available. Conveniently located on Route 30 in Schererville. For details and more information contact Steve H. Tokarski at 322-1271. ---------Office space is available in East Chicago for single offices and/or complete suites. Case referrals also possible. Contact Corinth Bishop, (219) 378-1111 for more information.
FOR SALE
Indiana Cases N.E./2nd (Vols. 1-684) West‟s Indiana code w/2003 packet parts West‟s Indiana digest 2nd w/2003 pocket parts West‟s Indiana digest 2nd w/2002 pocket parts If interested, please call Cheryl at (219) 844-3025 for more information.
LAKE COUNTY BAR ASSOCIATION THANKS TO DIRECTORY SPONSORS
The Lake County Bar Association‟s 2005 Legal Directory is once again a complete success. We thank Baxter Printing for the excellent job they do each year in printing and binding our directory. They are also responsible for printing the monthly newsletter and all other printing needs of the Lake County Bar Association. Please don‟t hesitate to contact them for you printing needs. They are located on Ridge Road in Highland and the phone number is 923-1999. Listed below are the other Ad Sponsors for this year‟s directory:
Fissinger & Knight Court Reporters Seidel & Sasse Court Reporters Great Lakes Laboratories Schepel Cadillac – Hummer Dealership Fissinger & Associates Court Reporters Allen Court Reporting Creative Video Services, Inc. John Hancock Financial Network Tri-City – Southlake Mental Health The Visual Courtroom LLC Hoeppner Wagner & Evans LLP
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Bank Calumet Centier Bank Peoples Bank Baxter Printing, Inc. Bochowski Appraisal Company Night Hawk Process Service A.R. Wolak Investigations & Bail Bonds, Inc. Legal Tek Legal Video Services, LLC Crown Staffing Lexmetric Economic Analysis & Evaluations Spanish Interpreting Service Physical Medicine & Rehabilitation Mr. Quick Printing Please remember our sponsors when their services meet your office and/or personal needs.
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