ICLEF Contributes $2500 to the Indianapolis Bar Foundation

ICLEF is pleased to announce a contribution of $2500 to the Indianapolis Bar Foundation in support of the Neil E. Shook Scholarship Fund.  The Indianapolis Bar Foundation website lists the Neil E. Shook Scholarship as being available to 2nd year Robert H. McKinney School of Law students who exhibit the following characteristics: 1. academic proficiency; 2. interest in creditors’ rights and bankruptcy law; 3. financial need; 4. exceptional leader­ship skills; 5. demonstrated commitment to excellence; 6. proponent of civility in the legal profession.

We are delighted to be able to provide financial support to this important scholarship fund.

Click here if you would like to make a donation to the Indianapolis Bar Foundation.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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The Essentials of Family Law (with practice forms) – December 12

Whether you are new to the area of family law or a seasoned lawyer who occasionally takes a family law case, this seminar is a good place to start off right.  Our Program Chair Andrew Bloch from the Muncie firm Beasley & Gilkison has put together a faculty that consists of experienced attorneys as well as magistrates from various central Indiana jurisdictions.

Join us for a full day of essential information as well as tips from these leading experts in the area of family law.

THE ESSENTIALS OF FAMILY LAW (With Practice Forms)
6 CLE / 1.5 CME – Friday, December 12   9:00 A.M. – 4:30 P.M.

LIVE IN-PERSON SEMINAR
- ICLEF Conference Facility, Indianapolis

LIVE INDIVIDUAL WEBCAST
- From your home or office computer

VIDEO REPLAY SEMINARS
- Available statewide after Live date

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Defending the Sex Crime Case – December 2

It has been some time since ICLEF dedicated a day to this very complex and emotional criminal defense area. On December 2, join us as a panel of seasoned criminal defense attorneys along with experts they have utilized in actual cases convene to address both the practical trial skills needed as well as relevant theories and scientific data collected in the area of defending those accused in a sex related crime.

Veteran trial attorney Larry Hansen and legal investigator and trial consultant Marty Perkins lead our faculty through what we anticipate to be an interactive and lively discussion of our day’s agenda. Our topics of discussion include child interview techniques, sexual abuse and physical findings, sex offender assessments and evaluations as well as considerations and thoughts from a former prosecutor of sex crimes. Our program materials will include outlines and check list to assist you in your own trial preparations.

Bring your questions and plan to leave with answers to this in-depth examination of Defending the Sex Crimes Case.

To see a full agenda and faculty list or to register, click any of the links below.

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Defending the Sex Crime Case
6  CLE – Tuesday, December 2, 2014
9:00 A.M. – 4:30 P.M

LIVE IN-PERSON SEMINAR
ICLEF Conference Facility, Indianapolis

LIVE INDIVIDUAL WEBCAST
- From your home or office computer

VIDEO REPLAY SEMINARS
- Available statewide after Live date

 

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Father’s Due Process Rights Violated in Proceeding That Would Terminate His Parental Rights

Case: In Re the Adoption of K.W.: M.W. v. S.L. and T.L.
Case Summary by Mike Kohlhaas, Bingham Greenebaum Doll

HELD: Father’s due process rights were violated when the trial court failed to rule on Father’s request for appointed counsel in an adoption proceeding that would terminate Father’s parental rights.

FACTS AND PROCEDURAL HISTORY:
Child was born to Mother in 2004. In 2008, Mother was diagnosed with Crohn’s disease. Mother died in 2009 as a result of a lethal dose of pain medication administered by Father, who was an EMT. Father was arrested and Child’s maternal grandmother (“Grandmother”) acquired guardianship of Child. Father later pleaded guilty to charges related to Mother’s death, and was sentenced to 12 years.

In 2013, Grandmother and her husband (“Grandparents”) filed a petition to adopt Child, and notice of same was issued to Father. Father responded with a pro se appearance, as well as a motion to have counsel appointed for him based upon indigence. The trial court never ruled on this motion.

At a subsequent hearing on Grandparents’ adoption petition, Grandparents appeared and Father appeared pro se telephonically. The trial court determined that Father’s consent to the adoption was not required, and granted the adoption in favor of Grandparents, thereby terminating Father’s parental rights. Father appealed.

The Court of Appeals noted that Ind. Code 31-32-2-5 provides that a parent is entitled to counsel in a proceeding that terminates parental rights. Thus, Father was entitled to counsel in the Grandparents’ adoption matter.

The trial court’s adoption order was reversed, and remanded with instructions to determine whether Father is indigent and, if so, to appoint counsel to represent Father at a new adoption hearing.

To view the text of this opinion in its entirety, click here: In Re the Adoption of K.W.: M.W. v. S.L. and T.L.

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James A. Reed and Michael R. Kohlhaas of Bingham Greenebaum Doll represent clients in a wide spectrum of relationship transition and wealth planning matters, including premarital agreements, estate planning, cohabitation, separation, divorce (especially involving high net worth individuals and/or complex asset issues), custody, parenting arrangements, adoption, and domestic partnerships. Bingham Greenebaum Doll, a multidisciplinary law firm serving regional, national, and international clients, is the fourth-largest law firm in Indiana. The firm’s main practices include corporate, property, litigation, labor, government law, and personal services law. Visit the firm’s website at www.bgdlegal.com.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Posted in Family Law Case Review0 Comments