Daily Scriptures
MONDAY
“If I could speak all the languages of earth and of angels, but didn’t love others, I would only be a noisy gong or a clanging cymbal.â€
1 Corinthians 13:1 NLT
TUESDAY
“If I had the gift of prophecy, and if I understood all of God’s secret plans andpossessed all knowledge, and if I had such faith that I could move mountains, butdidn’t love others, I would be nothing.â€
1 Corinthians 13:2 NLT
WEDNESDAY
“If I gave everything I have to the poor and even sacrificed my body, I couldboast about it; but if I didn’t love others, I would have gained nothing.â€
1 Corinthians 13:3 NLT
THURSDAY
“Love is patient and kind. Love is not jealous or boastful or proud†1 Corinthians 13:4 NLT
FRIDAY
“or rude. It does not demand its own way. It is not irritable, and it keeps no record of being wronged.â€
1 Corinthians 13:5 NLT
SATURDAY
“It does not rejoice about injustice but rejoices whenever the truth wins out.†1 Corinthians 13:6 NLT
SUNDAY
“Love never gives up, never loses faith, is always hopeful, and endures through every circumstance.â€
1 Corinthians 13:7 NLT
Submitted to the City-County Observer by Karen Seltzer
Federal Authorities Join Operation To Stop Robocalls
Staff Report
TheStatehouseFile.com
INDIANAPOLIS—Robocall numbers have gone up to the point where Federal Trade Commission (FTC) is creating an operation to prevent these illegal calls from ever happening in the first place.
“Operation Call it Quits†announced 94 actions targeting operations around the country. The operation is aimed to help prevent these prerecorded calls from getting through and as well as educating the public about them.
The operation includes four cases and three new settlements. Two of those cases were filed by the U.S. Department of Justice (DOJ) on the behalf of the FTC. Defendants in the cases were responsible for more than a billion robocalls nationwide.
Due to these phone scams, Americans had lost an estimated $10.5 billion in 2018. In Indiana, residents reported losing more than $16 million. The most vulnerable are elderly because they don’t necessarily realize they are being scammed, and sometimes fail to say something because of intimidation or embarrassment.
“We’re all fed up with the tens of billions of illegal robocalls we get every year,†said Andrew Smith, director of the FTC’s Bureau of Consumer Protection, in a news release. Combatting robocalls is a top priority for law enforcement agencies around the nation.
Some of the cases filed go beyond just a phone call. Since at least 2017, the defendants have also used text messaging, internet ads, emails, and social media to scam users into giving up their information, according to the FTC’s complaint against five corporate and four individual defendants.
Attorney General Curtis Hill was the only state attorney general attending the national press conference in Chicago that announced “Operation Call it Quits.â€
Hill discussed his office’s recent civil complaint against a Maryland company and two individuals after receiving dozens of consumer complaints. Of those who complained, all but one had telephone numbers registered on the Indiana Do Not Call List.
TheStatehouseFile.com is a news website powered by Franklin College journalism students.
HOT JOBS IN EVANSVILLE
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Responsive employerWalter McCarty Leadership Academy Day Camp a huge success
UE men’s and women’s basketball teams welcomed local youth
 It was just a year ago that University of Evansville head men’s basketball coach Walter McCarty, women’s basketball head coach Matt Ruffing and Old National Bank joined forces to help local youth through the formation of the Walter McCarty Leadership Academy.
On Friday, one of the most influential aspects of this partnership took place with the Walter McCarty Leadership Academy Day Camp taking place on the UE campus.
“It means a lot to see all of the kids so excited to be here and have the chance to be in the gym and around our men’s and women’s players,†McCarty said. “Just seeing their smiles means a lot to us and shows us that we are doing the right thing.
“Having those kids in here to play basketball, do other activities in the gym and a pizza party is something we hope will be very special to each one of them. It’s just a great day.â€
Purple Aces head women’s basketball coach Matt Rufffing also enjoyed the opportunity his team had to give back to the community and provide a unique experience to local youth.
“It is a lot of fun to see all of the faces and the excitement the moment they walk through the door,†Ruffing explained. “The chance they get to have access to the facilities and our players is something that not everyone gets. It is just a special day.â€
Campers began the day with donuts and an introduction to the staff and players. From there, they spent time with each basketball team doing drills, a dance contest and much more. The day was completed with a pizza party as campers got to enjoy more one-on-one time with the UE basketball squads.
Old National Bank Evansville Region President and Southern Region CEO Sara Miller was on hand to welcome the campers and watch the activities.
“We are really glad to be part of the Walter Leadership Academy,†Miller said. “To bring these kids together for the camp and the experience they are receiving today is a game changer. We are thrilled to be able to offer it.â€
Four Otters get selected for All-Star Game in New York
Four players on the Evansville Otters roster have been selected as Frontier League All-Stars, the league announced Friday.
In a change of format, the All-Star Game will take place Wednesday, July 10 from Palisades Credit Union Park in New York as the Frontier League All-Stars will take on the Can-Am League All-Stars. The Rockland Boulders will host the festivities presented by Good Samaritan Hospital. This will mark the first time that these two Independent Professional leagues will face each other.
“The Can-Am League couldn’t be prouder that we are hosting the Frontier League in the 2019 All Star Game,†Can-Am League Executive Director Kevin Winn said. “They bring 27 years of tradition with them as the oldest continuously operating independent league. I want to thank Commissioner Bill Lee, President Rich Sauget, all the Owners, Executives, Coaching Staff and Players. Two Premier Leagues facing off in a Premier Ballpark.”
Voters in the league-wide process included broadcasters, general managers, field managers, coaches and local media.
“We are extremely pleased and excited to be playing the Can-Am League All-Stars,†Frontier League Commissioner Bill Lee said. “Everyone is looking forward to coming to the New York area. This is an unprecedented game for our League. We want to thank all the owners, teams and Executive Director Kevin Winn for making this possible. Above all, we want to thank Shawn Reilly and the entire Rockland Boulders staff for their hard work.”
Last season, Evansville sent eight players to complete in the All-Star Game in the former Rookie against Experienced players format.
Position players Ryan Long, Carlos Castro, Rob Calabrese were selected from the Otters along with relief pitcher Taylor Wright.
“I’m happy and proud to be sending these four players to represent the Otters and the Frontier League at this year’s All-Star Game,†Otters manager Andy McCauley said.
Ryan Long, making his second All-Star appearance, was selected as a starter at third base for the Frontier League.
The reigning Frontier League Player of the Week is hitting .286 with a seven home runs, a league-leading 36 RBIs, 25 runs, 42 hits, and 11 doubles.
“Ryan is the best third baseman in the league and one of the top hitters,†McCauley said. “His numbers speak for themselves over the last few seasons since he joined the Otters.â€
“I’m excited and feel honored to represent Evansville and the Otters in this year’s All-Star Game,†Long said. “There is a lot of talent in this league and it is going to be fun to square up against another league’s all-star team.â€
Long’s seven home runs are tied for the league lead with four other players including Carlos Castro, who will be making his first All-Star Game appearance.
Castro entered Friday batting .286 with 19 RBIs, 10 doubles, 20 runs and 44 hits. Castro has also made some impressive defensively at first base.
“After last year’s struggles with injury, it’s nice to see Carlos have good health this season and receive this recognition,†McCauley said. “He is a true power bat.â€
“His mother lives in Manhattan and this will be the first time she gets to see him play.â€
“I feel great and honored to be chosen for the All-Star Game,†Castro. “I’m really excited that my mother will get to watch me play.â€
“It was be the first time my mother gets to see me play baseball after living in Manhattan the last four years. It will be special.â€
Catcher Rob Calabrese also made the Frontier League’s All-Star squad after appearing in 30 games for Evansville so far this season. He has a .293 average and 16 RBIs to go along with 14 runs, 10 doubles, and five home runs.
“Calabrese made huge strides offensively once given the chance to play every day,†McCauley said. “He’s showing that he is a complete catcher with his impressive receiving and throwing ability.â€
“It’s an honor to be one of the few picked to play in the All-Star Game,†said Calabrese.
“It’s also pretty cool that it’s so close to home so my close friends and family can come see me play for the first time in a while. I’m looking forward to it!â€
After losing a few All-Star caliber pitchers to affiliated baseball organizations, the Otters have shown the pitching depth this season.
Relief pitcher Taylor Wright was selected to his first All-Star Game in his first year with the Otters.
“I couldn’t be happier with Taylor’s selection to the All-Star Game,†McCauley said. “He is a testimony to hard work and dedication that is now paying off.â€
“Taylor has thrown in many different roles for us and has excelled in each of them this season.â€
Wright has impressed so far this season, posting a 1.11 ERA with four saves and 30 strikeouts in 24.1 innings pitched. In 17 games this season, Wright has allowed an earned run in only two games.
“It’s an honor to be included on the team,†Wright said. “I think having so many Otters on the team shows what a great job the organization does with helping their players succeed and get the most out of their abilities.â€
All-Star events begin with the All-Star Charitable Luncheon featuring New York Yankees’ broadcaster John Sterling on Tuesday, July 9. The Home Run Derby takes place that night and features former New York Yankees and Mets players Mookie Wilson, Jesse Barfield, and John Flaherty.
The Can-Am League vs. Frontier League All-Star Game presented by WMC Health/Good Samaritan Hospital is Wednesday, July 10. For tickets and additional information, please visit http://www.rocklandboulders.com/allstarsummer2019
Otters sweep the Boomers in 7-2 win
For the first time this season, the Evansville Otters earned a three-game sweep, defeating the Schaumburg Boomers 7-2 in Thursday’s series finale.
The Otters were able to give starting pitcher Austin Nicely early run support in Thursday’s contest.
In the second inning, Carlos Castro hit a solo home run over the centerfield wall to give the Otters an early 1-0 lead.
In the third, after a David Cronin walk and a single by Keith Grieshaber, Ryan Long smacked a two-run triple to extend the Otters lead to three, picking up his 35th and 36th RBIs of the season.
In the top of the fourth, the Boomers scored their first run of the series when Brock Carpenter scored Nick Oddo on an RBI double to make the score 3-1. It ended a 21.1 scoreless inning streak for the Boomers, as they were shutout by Evansville on Tuesday and Wednesday.
The Otters responded in the bottom of the fifth, sending seven men to the plate.
Rob Calabrese led off the inning with a double, followed by back-to-back walks to Jack Meggs and Mike Rizzitello, forcing the bases loaded with no outs.
Hunter Cullen notched a two-run double to give the Otters a 5-1 lead.
A sac fly from J.J. Gould scored Rizzitello, advancing Cullen to third, as the Otters scored their sixth run.
A wild pitch from Boomers reliever Michael McCraith allowed Cullen to touch home, as the Otters scored four runs in the inning, holding a 7-1 lead.
The Boomers would score another run in the top of the sixth on an RBI single from Dylan Jones, but that would be all the Boomers could tally offensively.
Austin Nicely earned his second win of the season, his first at Bosse Field. He had back-to-back quality starts, putting together a six-inning performance, allowing only two runs on two hits and throwing three strikeouts on Thursday night.
After winning his first game two weeks ago at Bosse Field, the Otters were able to rough up Boomers starter Matt Miller, who went three innings, surrendering three runs on three hits. He was handed the loss, his first in three starts.
Divided Supreme Court upholds civil forfeiture reimbursement of law enforcement
OLIVIA COVINGTON FOR WWW.THEINDIANALAWYER.COM
The practice of diverting civil forfeiture proceeds away from the Common School Fund to reimburse law enforcement costs is constitutional under Article 8, Section 2 of the Indiana Constitution, the Indiana Supreme Court has ruled, answering the longstanding question of whether the constitution requires all forfeiture proceeds to go to the Common School Fund.
Only two justices, Mark Massa and Christopher Goff, concurred fully with the court’s 54-page opinion, handed down Thursday in Jeana M. Horner, et al. v. Terry R. Curry, et al., 18S-PL-333. Chief Justice Loretta Rush and Justice Geoffrey Slaughter each wrote separately, while Justice Steven David partially joined Rush’s separate opinion. Rush was the only member of the court to dissent from a portion of the 38-page majority opinion.
The court heard arguments in the case in October, https://www.theindianalawyer.com/articles/48499-justices-hear-challenge-to-civil-forfeiture-disbursements hearing from the Virginia-based Institute for Justice, which argued the text of Article 8, Section 2 made diversion of forfeiture proceeds unconstitutional. That constitutional provision holds that “(t)he Common School fund shall consist of … (t)he fund to be derived from … all forfeitures which may accrue … .â€
But now-retired Marion Superior Judge Thomas Carroll found in March 2018 that the phrase “all forfeitures which may accrue,†as it was understood at ratification in 1851, did not include civil forfeiture. The justices then granted transfer pursuant to Indiana Appellate Rule 56(A), bypassing the Indiana Court of Appeals.
The case arose under the 2013 seizure of Jeana and Jack Horner’s two vehicles. The Marion County Prosecutor’s Office filed a forfeiture action against the vehicles, though they were eventually returned after the underlying criminal charges were dropped.
At the time of the seizure and forfeiture action, Indiana Code Section 34-24-1-3(a) (2011) allowed the prosecutor to request to offset forfeiture revenue to reimburse law enforcement costs related to the forfeiture action. If that offset was granted, the remaining revenues would be deposited into the Common School Fund.
That statute was amended in 2018 to create a specific formula for disbursing forfeiture proceeds. The percentage-based formula begins with attorney fees and flows through law enforcement before depositing the remaining proceedings into the Common School Fund.
The Horners, suing on behalf of Indiana taxpayers and citizens, challenged both versions of the statute as unconstitutional. But before getting to the merits of the constitutional question, Massa first wrote to address whether taxpayers have standing to bring the case.
In concluding they do, Massa noted taxpayer standing and public standing are two separate doctrines. The court then adopted the standing standard laid out by Justice Frank Sullivan in his concurrence in Embry v. O’Bannon, 798 N.E.2d 157 (Ind. 2003), modified on other grounds by Meredith v. Pency, 984 N.E.2d 1213 (Ind. 2013) — rather than relying on State ex rel. Cittadine v. Indiana Department of Transportation, 790 N.E.2d 978 (Ind. 2003) — and laid out a three-part test to establish taxpayer standing:
1. Plaintiff must seek to vindicate an express constitutional limitation on the expenditure of public funds;
2. Plaintiff must demonstrate a personal stake in the outcome, and;
3. Plaintiff must show “extreme circumstances†for judicial intervention.
Applying that test here, Massa said the taxpayers have taxpayer standing to challenge the diversion of forfeiture proceeds because their challenge implicates a constitutional limit on expenditure of public funds, they have an interest in the Common School Fund, and their substantial question of Indiana constitutional law creates extreme circumstances warranting judicial review.
Turning then to the merits of the case, the court next determined that Article 8, Section 2 does apply to civil forfeitures, contrary to how Carroll ruled in March 2018. In reaching this holding, Massa reviewed case law and statutes dating back to 1789 and determined “that our constitutional framers understood that ‘a conviction on the underlying criminal activity is not a prerequisite for forfeiture.’â€
Massa then said there is a long precedent in Indiana of allowing the Legislature to determine how and when money accrues to the Common School Fund. He cited to State v. Elliott, 171 Ind. App. 389, 392, 357 N.E.2d 276, 278 (1976), and language in the 1816 Indiana Constitution to support “the framers’ understanding that, even without express language permitting offset, the legislature can direct when and how forfeiture proceeds ‘accrue’ or ‘inure’ to the state.â€
Similarly, the history of the educational fund undercuts the taxpayers’ argument against diversion, Massa said, as do the structure and purpose of the constitution. He cited to Auditor & Treasurer of Grant County v. Board of Commissioners of Grant County, 7 Ind. 315 (1855), which allowed seminaries to use sale proceeds to pay off debts before depositing the remaining proceeds into the Common School Fund. Similarly, State ex. Rel. Attorney General v. Meyer, 63 Ind. 33 (1878), upheld the practice of allowing pre-accrual debt offset for heirless estates, allowing those estates to hold the property for five years, then selling the property and vesting proceeds into the Common School Fund.
“For the reasons set forth above, our Constitution’s structure and purpose refute Taxpayers’ claim that, ‘if the framers had intended that the forfeitures clause authorize cost-reimbursement, they would have said so,’†Massa wrote in conclusion.
“We acknowledge the critical role public schools play in nurturing our children to become productive and law-abiding citizens,†he wrote. “… But should the legislature decide to repeal the Civil Forfeiture Statute entirely, leaving neither the Common School Fund nor law enforcement with an important source of revenue, would that present Taxpayers with a constitutional claim? Would that violate article 8, section 2’s mandate that the Fund ‘shall consist of … all forfeitures which may accrue’? We think the answer to these rhetorical questions is a resounding ‘no.’â€
“… Because our constitution’s text, structure, and history clearly show that article 8, section 2 was ‘not self-acting in [its] operation,’ … we hold that the General Assembly may decide how and when forfeiture proceeds accrue to the Common School Fund.â€
In a separate opinion, Chief Justice Rush concurred in result as to standing and concurred in full as to the issue of whether Article 8, Section 2 applies to civil forfeitures. But she would hold that the current forfeiture statute is unconstitutional and said the majority’s “broader discussion of the public-standing doctrine — properly characterized as dicta — is imprudent.â€
Rush said Cittadine, Embry and Meredith all give the plaintiffs standing as taxpayers, so she “cannot subscribe†to the “lengthy criticism of both the public-standing doctrine and this Court’s precedent†in the lead opinion. David joined in Rush’s opinion on that issue.
As to the constitutionality issue, Rush said her reading of Article 8 Section 2 does allow for offset costs. But “under the current civil-forfeiture statute, any contributions to the Fund are not guaranteed and are capped at ten percent of the collected forfeiture. Without any showing that the allocations are offset costs of obtaining each forfeiture and that those costs serve to grow the Fund, the permissibility of offset costs does not save the statute from constitutional infirmity.â€
Slaughter also wrote separately, concurring in the judgment for the defendants and against the plaintiffs. But he reached that result for different reasons than those laid out in Massa’s opinion.
“I would hold that Plaintiffs lack standing under the only standard consistent with our Constitution’s mandate of separate governmental powers,†Slaughter wrote. “In my view, Article 3, Section 1 requires, among other things, that a plaintiff suffer individualized injury in fact and not a generalized harm indistinct from the public at large.â€
“… Although I have serious concerns with the way Indiana carries out civil forfeitures … I would not reach the merits of Plaintiffs’ constitutional claim,†he continued. “Instead, I would dismiss their complaint for lack of standing and await another case — brought by the State or by a private party with a concrete, particularized injury — to address the important constitutional questions that this and other civil-forfeiture cases implicate.â€
