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Friday, September 09, 2005

Ind. Courts - Pfaff Suspended; Waiver for Attorneys Displaced by Hurricane Katrina

The Elkhart Truth is reporting:

ELKHART -- Today is likely Judge L. Benjamin Pfaff's last day on the bench.

The Indiana Supreme Court issued a suspension order this morning, effective Monday. During the vacancy the county's other judges will handle the caseload of Superior Court 1.

Pfaff will receive pay, pending the final decision of the state's high court on whether he should be permanently removed as judge.

That move has already been recommended to the Supreme Court by the Indiana Commission on Judicial Qualifications and by three judges appointed to hear the case for the high court.

The Supreme court has issued an order titled: "In Re Emergency Bar Admissions For Lawyers Displaced Due To Hurricane Katrina." Access it here. It begins:
In light of the devastation wrought upon the states of Louisiana, Mississippi and Alabama by Hurricane Katrina, making it impossible to practice law in the areas affected, this Court finds that its rule governing admission to the Bar for lawyers to practice in the State of Indiana on a foreign license, Ind. Admission and Discipline Rule 6, should be temporarily waived as set forth below.
A contemporaneous press release reads:
The Indiana Supreme Court has issued an order designed to help attorneys displaced by Hurricane Katrina continue their law practices, Chief Justice Randall T. Shepard said today.

The order applies to attorneys in Louisiana, Mississippi and Alabama. It waives certain court rules and will make it easier for them to practice in Indiana.

“Hurricane Katrina’s devastation has visited every level of society, including the legal profession. Law offices have been demolished, records have been destroyed, and entire court systems have been forced to relocate. This order is just one small thing our Court can do to help out and we know there will be others,” said Chief Justice Shepard.

The order waives certain provisions of Indiana Admission and Discipline Rule 6.

Attorneys in good standing from the affected states will be able to receive a temporary provisional license that will be good until June 30, 2006. They must also associate with an Indiana lawyer in good standing, which is a requirement of Admission and Discipline Rule 6. The standard $800 fee for a provisional license has been waived for the affected lawyers.

“The Indiana State Bar Association and the Indianapolis Bar Association have established funds to help rebuild the legal infrastructure. Porter County Magistrate Ed Nemeth, who is an experienced disaster relief expert with the Red Cross, is heading South to help out. A prosecutor in the JAG corp was just sent to Mississippi. Lawyers across Indiana and the rest of the nation have responded to this disaster with the generosity that is typical of the profession,” said Chief Justice Shepard.

Chief Justice Shepard pointed out that the Supreme Court of Texas has offered similar privileges for 30 days to displaced lawyers and the Florida Supreme Court is extending filing deadlines. A major electronic legal research firm is offering free services for affected lawyers and the National Center for State Courts in Williamsburg, Va. is acting as national clearinghouse for recovery efforts for the legal system.

Posted by Marcia Oddi on September 9, 2005 02:45 PM
Posted to Indiana Courts