The Bench and Bar Conference - Part II

        As many of you know, the LCBA held a very successful Bench-Bar Conference on December 3, 2004.  There were several presentations made to the whole of the Bench and Bar concerning common issues we all face as lawyers and judges in effectively administering justice.  There were also several individual break out sessions to address concerns facing particular practice areas such as civil litigation, family law, criminal law and practice and procedures in the county courts to name a few.  This was the first time in years the Bench and Bar have united for an entire day of thought-provoking discussion of the many issues we face in administering and improving our legal system.  It was also a time for coming up with suggestions and possible solutions to these issues.  I personally attended one civil law break out session and one criminal law session.  The discussion of issues was frank and the need for further action clear.  The key now is to turn this energy into action.

        I sent out a letter to our various Section Chairs of the LCBA (Bankruptcy, Civil Litigation, Criminal Defense, Family and Probate) asking them to attend the March LCBA Board of Managers meeting and report to the Board on the many issues raised at the Bench-Bar Conference, any suggestions or ideas for improvements to be made and how we can plan for further actions or meetings to implement change.  We have a great opportunity here that we must not let escape us.  A suggestion made at the February LCBA Board of Managers meeting was that future action and changes may best be obtained by focusing our efforts on the concerns raised on a practice area by practice area basis.  Some LCBA Sections have already made plans for future meetings.  Others are still formulating a plan of action.  It is my hope that we will not only continue the effort made by Past President T. Edward Page in initiating this renewed effort to improve the Bench and Bar but that we will succeed in effecting beneficial changes.  This can and should be done.  Using the input derived at the March LCBA Board of Managers meeting, it is my hope that we will forge a plan for following up on and improving our Bench and Bar.  Once we have a clear idea of the various concerns and suggestions the Bar feels should be addressed and a suggested blueprint for how to effectively address these concerns, our next step will be to again approach our judges for their valuable input.  Only with a truly joint effort of our Bench and Bar can meaningful and beneficial changes be accomplished.  Please make an effort to participate in this process and/or share your thoughts with us by phone, fax, email or otherwise.  We will all be better off as a result of our efforts.

Kent A. Jeffirs

CONTACT YOUR LEGISLATOR

TO OPPOSE SJR 1

ISBA Online – March 14, 2005

 

Would eliminate general public’s retention vote of appellate-level judges

SJR 1, a proposed constitutional amendment that would change the procedure for appointment and retention of appellate-level judges, has passed the Indiana Senate.  Currently, appellate-level judges are subject to a “yes/no” retention vote of the general public every 10 years after their initial appointment.  This “yes/no” vote is conducted on the Indiana General Election Ballot in November.

         The process for this retention vote was a result of the Indiana State Bar Association, the Judicial Study Commission, the League of Women Voters and other groups working together in the late 1960’s to create a system of non partisan selection and tenure of appellate-level judges.  SJR 1 would change the retention procedure, taking it away from the general public and instead placing it in the hands of the 50 members of the Indiana Senate.

         The ISBA has concerns that the proposed change may have an impact on the independence of the judiciary.  The joint resolution requires only 30 state senators (60 percent) to vote against retention in order for a sitting, appellate-level judge to be removed.

         The Indiana State Bar Association supports the current system of retention and opposes any legislation that would take away the retention vote from the general public.  Please contact you legislators and let them know you also support the retention vote that has been working for more than 30 years in Indiana, http://www.in.gov/cgi-bin/legislative/contact/contact.pl.  For further information about this legislation, please contact the State Bar’s legislative liaison, Paje Felts, via e-mail, pfelts@inbar.org, or phone, 800/266-2581.

         To view a copy of the joint resolution: http://www.in.gov/legislative/bills/2005/RES/SJ0001.3.html

 

RESENT CHANGES IN

SOCIAL SECURITY POLICY

Submitted by:  Thomas J. Scully

 

         As you may know, Social Security disability law and policy, is an area of law which can affect any client who might be eligible for Social Security disability benefits, and may well include your personal injury clients and workers compensation claimants.

         Any disabled person who has a work history is eligible for these monthly Social Security payments.  There is no asset or income limit, and there is concurrent eligibility with workers’ comp.  Disabled people who have no recent work history may be eligible for SSI.  Each of these programs comes with some entitlement to medical insurance.

         Here are some of the important changes in Social Security law and policy:

·         There is a new rule granting immediate approval to anyone diagnosed with Lou Gehrig’s disease.  Input is now being gathered for a complete overhaul of the regulations on disability based on HIV/AIDS, and also on Multiple Body Systems (e.g. lupus, chronic fatigue.)

·         A re-design of the entire Social Security disability system is underway.  Currently cases can take up to seven years to be appealed up through federal courts, so this is long overdue.  Changes will include major shifts in the adjudicatory process.  The “Reconsideration,” the second state of appeal, is slated for removal.  Reconsideration currently ties up cases for over six months and rarely (85% denials in Indiana) results in a favorable outcome.  Also slated for eventual elimination is the Appeals Council, the appellate step between the administrative hearing and Federal Court.

·         There is a move to all-electronic files, meaning that information should be easier to retrieve across the board.  Many applications and appeal forms are now available online for claimants.  Some can also be submitted electronically.  Experience has already shown us that the road to this electronic highway will be a full of potholes.  This makes attorney representation even more important, to monitor each stage of the claim.

·         Many current benefit recipients are being urged to participate in Social Security’s Return to Work programs.  The promises and pitfalls of these programs are important for clients to understand.  SSA has vastly increased its funding to nudge people back into the workforce, and they need counsel to choose the right options.

·         Disabled people over 62 and under the new full retirement age of 67 are eligible for disability payment as an alternative to early retirement benefits.  If disability can be demonstrated, that payment amount is higher than the early retirement benefit.

         Currently in Indiana, 68% of Social Security cases are denied at the initial claim level.  85% are denied at Reconsideration.  Many claimants become discouraged and fail to appeal and ask for a hearing.  I welcome any questions and am glad to consult on any cases you have involving disabled people.

 

 

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

CRIMINAL CORNER

Jim Foster, Chair

        The Criminal Defense Lawyers meeting was March 2, as always, on the 1^st Wednesday of the month, and the April meeting is scheduled as follows:

                Wednesday, April 6, 2005

                Andorra

                5:15 p.m.

        We expect a good turn out on our April meeting. The office of Prosecuting Attorney Bernard Carter will be represented.  We hope for several supervisors and deputies and the commitment, through date, includes Supervisor Peter Villarreal We are sending a list, of a few topics, to the prosecutor's office concerning some matters where we feel dialogue (between the State and Defense) could be beneficial.  We understand the prosecutor's office may reciprocate with a list of topics for.  This is a time where the State and the Defense can feel open, in a social setting, to discuss (A) matters where they feel there is common ground (B) matters where either side may have felt put-upon or (C) legal issues in general.  There is no guarantee that there must be agreement but, obviously, the rule is that there be civility & frankness on both sides.  We put together a few topics, at the March meeting, and have advised the prosecutor but contact me if there are items you would like to see placed on the list.  This is not to say we cannot discuss other matters that come up but simply to say that there is a better over-all discussion if those persons, taking part in the discussion, have enjoyed the opportunity of giving the matter some thought in advance. This, obviously, is helped by prior notice. 

        The CDL (active members) group picture is underway and those, involved, are receiving notice of when/where. 

        We want to thank Prosecutor Carter for having his office participate with us in April.  We feel the bench/bar seminar, at the end of last year, was a good opening gambit.  I, for one, would like to see more comradery between the State and the Defense. This doesn’t mean we have to agree and certainly doesn’t mean we have to defer to one another.  The example I always think of is the "dual" from years gone by when Wilt Chamberlain and Bill Russell used to be the ongoing treat, in the NBA, for it was the "match-up" that everyone looked forward to watching.  The interesting fact to me, watching "old-classics," a few weeks back, was the revelation that not only was it the competition of the time but these two gentlemen were the closest of friends. It reminds me when I first started practicing of what an older attorney at the time said.  A trial, this lawyer said, is quite a bit like a basketball game. Some time, during the 40 minutes, you may get miffed and one may even throw an elbow.  You, however, if you are worth "suiting-up" will not take cheap shots; will shake hands when it's over and will never let it get personal. 

 

GRIEVANCE COMMITTEE REPORT

         The following are stats reported by the Grievance Committee Chair Donald Levinson for the month of February, 2005:

         32 complaint forms mailed out

         1 new referral

         9 cases disposed of

         5 active cases

 

JUDGE APPOINTS NEW MAGISTRATE

         Judge Lorenzo Arredondo, Chief Judge of the Lake County Circuit Court, has appointed Cheryl A. Kuechenberg as the Magistrate Judge for the Lake Circuit Family Court.

         Magistrate Kuechenberg graduated magna cum laude from Valparaiso University School of Law in 1991.  She is a member of the Indiana Bar Association, Family Law Specialty Section, the Lake County Bar Association and the Women’s Lawyer’s Bar Association.  She will be leaving her private practice to assume full time responsibilities as the Family Court Magistrate as of April 1, 2005.  Please forward all correspondence to her new address: Circuit Court, 2293 North Main Street, Crown Point, IN 46307.  Phone 755-3681 – fax 755-3492.

MARK YOUR CALENDARS!!

LIVE CLE/GOLF

       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

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.

 

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.