St. Joseph County Bar Association
November 2011 Newsletter



Our profession is an indispensable part of the system of rules that govern our society, which allows us to resolve conflicts between individual interests. On November 14, we have two opportunities to see how our how law is made, and how it is implemented. 


At 9:00 A.M., the Washington High School "We The People" team will present a mock congressional hearing in Circuit Court. "We The People" is a civic education program supported by a partnership of the Indiana Bar Foundation and the ISBA. It strives to promote civic competence and responsibility among Indiana's elementary and secondary students. The program enhances students' understanding of the institutions of our constitutional democracy. In this simulated congressional hearing, students will testify before a panel of judges, to demonstrate their knowledge and understanding of constitutional principles, by taking and defending positions on relevant historical and contemporary issues. The hearing is open to the public.

The focus moves from the legislative to the judicial branch of government in the afternoon. The Indiana Supreme Court will hold an oral argument at IUSB at 1:00 P.M., the case of Conley v. State, involving whether a life sentence for a teenager is appropriate. The argument is open to the public, with a capacity for 200. These "travelling" oral arguments by our Indiana Court of Appeals and Supreme Court are great examples of how our profession continues to find ways to enhance the public's understanding of the judicial process.

And, as you know, the SJCBA's biannual "Local Practice Seminar" is November 10. We hope you will attend the seminar and Judicial reception that follows. The opportunity to catch up with old friends and make new ones is integral to our ability to effectively make and implement laws that better our society.  

Joseph Fullenkamp,  President

"Inheritance Taxation and Distribution of 

Trust Accounts"



Presented by 

 Don Hopper, 

Indiana Inheritance Tax Administrator   

for the Indiana Department of Revenue

 NOVEMBER 1, 2011
3:00 p.m. - 5:00 p.m.
(2 CLE Hours) 

WNIT Studio Community Meeting Room
300 W. Jefferson Blvd. South Bend


 $55 for SJCBA members
$110 for SJCBA non-members


Light refreshments will be served.


Click HERE for the registration form!!  

Walk-ins are allowed.


Local Practice Seminar

November 10, 2011

8:30 a.m. -  4:45 p.m.

to be held at  

The Doubletree by Hilton
(formerly the Marriott)

Downtown South Bend


Up to 6 CLE and 3 Ethics Hours available!



Click here for Registration Form!!


Judicial Reception 

honoring Our Local, state and Federal Judiciary to follow.  This reception includes heavy hors d'oeuvres, beer, wine and soft drinks for an additional $20. 


Location: Atrium of the Doubletree by Hilton

Cost:      $20

Time:     4:45 p.m. until 7:00 p.m.


Please pre-register for this event. 


Thank you to our local firms, 

whom are sponsoring this event: 

Baker & Daniels

Barnes & Thornburg

Anderson Agostino & Keller

Jones Obenchain

Leone Halpin LLP

May Oberfell Lorber

Pfeifer Morgan & Stesiak

Sopko, Nussbaum, Inabnit & Kaczmarek

Tuesley Hall & Konopa

Zappia Zappia & Stipp

The Indiana Supreme Court
Comes To South Bend! 
indiana flagFor the first time ever the Indiana Supreme Court will hear oral arguments LIVE in South Bend on Monday, November 14th, 2011 at 1:00 P.M---SHARP!!! (Note: Doors will be locked just prior to 1:00 P.M.  No latecomers will be allowed!. IU South Bend is hosting this event in the Northside Hall Room 158. Parking is available in all lots on this day.  This event is free and open to the public.  For full details on the case, a map of the campus and more details on the event, please go to
Following the arguments at approximately 2:00 P.M. the SJCBA New Lawyer Committee is hosting a reception.  This reception will be held just outside of Northside Hall Room 158.  All are welcome to attend this as well.
Please join us---either for the oral arguments, or just for the reception.  No RSVP is required.  Seating is limited in the auditorium, so please plan to arrive early to guarantee a seat.



ICLEF Video Replays
Presented by the SJCBA
All programs begin at 9:00 a.m. in the Law Libary in the basement of the Courthouse.  Please go to to pre-register.  Walk-ins are allowed as well.


November 2011

11/16  CME for Family Mediators (6 CME, 4.5 CLE, 1.5 NLS)

11/17  CME for Civil Mediators (6 CME, 2.5 CLE, 1.5 Ethics)

11/22- - 9 am.  Vignettes of Legal Ethics (3 CLE, 3 Ethics)

11/22- - 1 pm.  Taking Aim: Intro to IN Firearms Law (3 CLE)

                                          (Part 3 of 3)

11/29  Elder Law Institute (12 CLE, 3 Ethics) -Day 1 of 2

11/30  Elder Law Institute (12 CLE, 3 Ethics) -Day 2 of 2


December 2011

12/8  Annual Family Law Institute (12 CLE) -Day 1 of 2

12/9 Annual Family Law Institute (12 CLE) -Day 2 of 2

12/12- - 1 pm.  Vignettes of Legal Ethics (3 CLE, 3 Ethics)

12/15  Workers Compensation (6 CLE, 1 Ethics)

12/20  Annual Real Estate (6 CLE)

12/21 Year in Review (12 CLE, 1 Ethics) -Day 1 of 

12/22 Year in Review (12 CLE, 1 Ethics) -Day 2 of 2 

12/27  Probate Litigation (6 CLE)

12/28  Insider's Approach to Fed. Estate & Gift Taxation (6 CLE)

12/29- - 9 am.  Ethics and Malpractice (3 CLE, 3 Ethics)

12/29- - 1 pm.  Vignettes of Legal Ethics (3 CLE, 3 Ethics)

We are not In need of moderators at this time for any of these programs.  Thanks!
In This Issue
Inheritance Taxation TODAY!
Local Practice Seminar November 10, 2011
Local ICLEF Video Replays

The results are currently posted on-line at  

The South Bend Tribune wrote an Editorial last week discussing this survey as well.  Here is a link to the editorial:  Judging the Judges
From Terri Rethlake
to Trial Rule 53.1 & 53.2
Effective January 1, 2012, the role of the Clerk's office in handling praecipes under Ind. Trial Rule 53.1 & 53.2 will change substantially.  When the praecipe is filed, the Clerk will enter the date and time of filing in the praecipe book and record the filing on the Chronological Case Summary.  The Clerk will make no determination about the alleged delay in ruling.  Instead a copy of the praecipe & CCS will be mailed to the Executive Director of the Division of State Court Administration.  The Executive Director will review the record and will determine if delay has occurred and if submission of the case should be withdrawn from the judge.  The Clerk will receive a written notice of that determination.  It is then the Clerk's job to notify, in writing, the judge and all parties of record in the case of the determination, and to record the determination in the CCS.



Employment Opportunity
The Volunteer Lawyer Network is now accepting notifications of interest for the position of executive director. A formal application process will begin in the near future.  The executive director works with a small staff to ensure the placement of pro bono cases with attorneys practicing in District 2, servicing client and attorney needs, attorney recruitment and coordinating the provision of pro bono legal services within the district in creative and effective ways.  Both attorneys and non-attorneys will be considered.  A familiarity with the legal community is preferred. Due to the reduction in VLN's IOLTA funding the executive director will be expected to develop programs to ensure the future financial stability of VLN. Please email notifications of interest to:

IN SEARCH OF WILL for Willodean Lavo.  Please contact Richard C. Currey at 574.259.5461.
Office Space Available
Contact Us


101 S. Main Street
South Bend, Indiana 46601


Amy McGuire, Executive Director       574.245.6753
 Tina Smith,  Lawyer Referral                574.235.9657
Fax                                                     574.235.9905


Joseph R. Fullenkamp, President