Sec. 8. (a) For purposes of this section, “conflict of interest” is defined as being a member of the governing body for, an agent of, or otherwise having a personal pecuniary interest in a facility, school, service, or product sought as a remedy in the lawsuit or administrative proceeding identified in this section. A personal pecuniary interest does not include a family relationship other than a spouse or dependent being a member of the governing body or an agent of a facility, school, service, or product sought as a remedy in the lawsuit or administrative proceeding identified in this section.

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Terms Used In Indiana Code 34-13-3.5-8

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Dependent: A person dependent for support upon another.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • public school: refers to a:

    Indiana Code 34-13-3.5-3

     (b) An advocate (other than an attorney) for an individual or entity who initiates a lawsuit or administrative proceeding against a public school or a nonpublic school is prohibited from representing the individual or entity without first disclosing in writing to the:

(1) advocate’s client; and

(2) court, administrative law judge, or hearing officer;

any conflict of interest described in subsection (a) the advocate (other than an attorney) has in representing the individual or entity.

     (c) The written disclosure required in subsection (b) is required to be provided only once in any lawsuit or proceeding, even if there are successive tiers to the appellate or administrative process.

     (d) Failure to comply with the requirement of this section shall result in the violating advocate (other than an attorney) paying not less than five percent (5%) of attorney‘s fees, court costs, and other reasonable expenses of litigation incurred by the public or nonpublic school.

As added by P.L.287-2019, SEC.17.

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