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Judicial Qualifications Commission moves to suspend judge charged in Indianapolis shooting

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IL for www.theindianalawyer.com

The Indiana Commission on Judicial Qualifications has filed a motion to suspend Clark Circuit Judge Andrew Adams with pay following his Friday indictment on charges related to a downtown Indianapolis shooting he was involved in earlier this year.

The commission filed a Notice of Criminal Charges and Request for Suspension seeking Adams’ suspension immediately upon learning of the felony indictment, the Indiana Supreme Court announced Friday.

The request asks that Adams be suspended with pay from his position as judge of Clark Circuit Court 1 pending further order of the court or a final determination of any disciplinary proceeding that may result from the criminal charges.

Adams was charged with seven offenses related to the May 1 shooting of him and fellow Clark Circuit Judge Bradley Jacobs. The charges against Adams include two counts of Level 6 felony battery resulting in moderate bodily injury; two counts of Class A misdemeanor battery resulting in bodily injury; two counts of Class B misdemeanor battery; and one count of Class B misdemeanor disorderly conduct by engaging in fighting or tumultuous conduct.

The charges come almost two months after the judges were shot in the early morning hours of May 1 outside a White Castle restaurant near downtown Indianapolis. The judges were in town to attend the Spring Judicial Conference.

Indiana Admission and Discipline Rule 25(V)(A) provides that, “A judicial officer shall be suspended with pay by the Supreme Court without the necessity of action by the Commission upon the filing of an indictment or information charging the judicial officer in any court in the United States with a crime punishable as a felony under the laws of Indiana or the United States.”

The Indiana Supreme Court has appointed judges pro tempore to hear cases in Clark Circuit 1 and Clark Circuit 2, where Adams and Jacobs preside. The appointed judges are still on the bench.

Prior to Friday, Adams had never been the subject of an attorney or judicial disciplinary action, according to the Indiana Roll of Attorneys.

Also charged Friday were Indianapolis residents Brandon Kaiser and Alfredo Vazquez. Jacobs was not charged in connection with the shooting.

MESKER PARK ZOO & BOTANIC GARDEN ADVISORY BOARD MEETING

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MESKER PARK ZOO & BOTANIC GARDEN ADVISORY BOARD

REGULAR MEETING

WINTERNHEIMER CHAMBERS, ROOM 301

CIVIC CENTER COMPLEX

Tuesday, July 2, 2019
12:00 PM

page1image12324032

  1. CALL TO ORDER
  2. MEETING MEMORANDUM June 4, 2019
  3. REPORT BY DIRECTOR
  4. NEW BUSINESS

a. Approve Design Addendum for CLR

  1. OTHER BUSINESS

Grand Slam Hurts The Otters In 8-1 Loss To Rascals

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The Evansville Otters saw their run-scoring offense go quiet against the River City Rascals Friday night, falling 8-1 as River City’s JD Hearn hit a grand slam to give the Rascals the edge in game one.

Otters starting pitcher Jake Welch was coming off three straight wins, hoping for his fourth at Bosse Field on Friday night.

The 6’6” right hander for Evansville had a tough start to the game, walking the first two batters he faced.

With one out in the top of the first, All-Star third baseman Braxton Martinez ripped an RBI single to score Trevor Achenbach, giving the Rascals the first run of the game.

The start of the third inning did not go as planned.

With one out, Welch walked three straight batters and hit first baseman Zach Lavy, which scored Achenbach to extend the Rascals lead to two.

JD Hearn crushed a grand slam over the centerfield wall, his first of the year, to give the Rascals a 6-0 lead.

Welch was then pulled, receiving his first loss of the year since May 15, throwing 2.1 innings, allowing six runs on two hits.

The Otters had a chance to gain momentum in the bottom of the third.

With one out and men on first and second, Ryan Long hit a line drive that was caught by Lavy and tagged Keith Grieshaber for a demoralizing double play.

The Otters scored their only run of the game on an RBI groundout by Hunter Cullen in the bottom of the fourth.

Rascals starter Micah Kaczor made his second start of the season, throwing 4.2 innings while allowing one run on seven hits.

He was relieved for Anthony Herrera, who earned the win, pitching 1.1 innings while allowing zero earned runs.

The Otters and Rascals combined to use seven relievers to finish off the game, as Malcolm Grady, Jacob Hulcher, and Chris Cepeda entered the game for the Otters.

Hulcher allowed a two-run double to Achenbach, his 19th of the season, as the Rascals scored eight runs on five hits.

The Otters hit the ball well, but were not able to put more runs across home plate, scoring one run on 10 hits. Three of those hits came from second baseman David Cronin, who was 3-4 with two singles and a double.

EPD REPORT

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EPD REPORT

“READERS FORUM” JUNE 29, 2019

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We hope that today’s “READERS FORUM” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way.

WHAT’S ON YOUR MIND TODAY?

Todays “Readers Poll’ question is: Do you feel that the newly approved “Sports Book” betting in Indiana are going to hurt the Kentucky Casinos?

If you would like to advertise in the CCO please contact us at City-County Observer@live.com

Footnote: City-County Observer Comment Policy. Be kind to people. Personal attacks or harassment will not be tolerated and shall be removed from our site.
We understand that sometimes people don’t always agree and discussions may become a little heated.  The use of offensive language and insults against commenters shall not be tolerated and will be removed from our site.
Any comments posted in this column do not represent the views or opinions of the City-County Observer, our media partners or advertisers.

USI Trustees Appointed By Governor

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Engbers Named To Indiana Commission for Higher Education

Governor Eric Holcomb has reappointed one trustee to the University of Southern Indiana Board of Trustees and named two new trustees to the board. Returning trustee Jeffrey L. Knight of Evansville was reappointed to serve a four-year term. Knight was first appointed to the board in 2006 and has previously been reappointed in 2007, 2011 and 2015.

New trustee appointments are Christina M. Ryan of Newburgh, Indiana, and student trustee Josi Barscz of Huntington, Indiana. Ryan will serve a four-year term, while Barscz will serve a two-year term as student trustee.

Ryan serves as chief executive officer of The Women’s Hospital at Deaconess Health System, Inc.  She has been an administrator at Deaconess since 1999 when she was recruited to help with the initial plans, construction and successful opening of the Women’s Hospital in Newburgh, Indiana. Ryan served as director of Women and Children Services at St. Margaret Mercy Healthcare Centers in Northwest Indiana from 1989 to 1999, where she worked on a federal grant and was awarded $7 million to help reduce infant morbidity and mortality for the cities of Gary, Hammond and East Chicago. She was appointed by the Mayor of Hammond to oversee the grant funds and programming and opened a prenatal clinic for the indigent, as well as a pediatric intensive care unit and new birthing center.

Ryan’s civic and community involvement includes serving as the Southwest Division Chairman for March of Dimes, as a board member for Building Healthier Communities and the Leadership Evansville Public Schools Foundation Board, as secretary for the Advisory Council for Infant Mortality, The American Hospital Association Governing Council for Maternal Child Health, and on the Welborn Baptist Foundation Advisory Committee for Movement.

She received her bachelor’s degree in nursing with a minor in psychology from Elmhurst College in Elmhurst, Illinois, and a master’s degree in health administration from Indiana University.

Barscz, USI Class of 2022, is a biochemistry major with minors in Spanish and military science. She is a participant in the Honors Program and currently holds a 4.0 cumulative GPA. She works as an academic skills tutor at USI and is a member of the Army ROTC. She is involved in a number of groups and activities including Emerging Leaders, Timmy Global Health, American Chemical Society, American Sign Language Club and the Rugby Club.

The student trustee, a voting member of the nine-member USI Board of Trustees, brings a student’s perspective to the governing board. The student trustee must be a full-time student, a U.S. citizen and resident of Indiana, have a 2.5 GPA or above, and have completed 24 semester credit hours at USI.

The USI Board of Trustees has nine trustees and must include one alumnus of the University, one current student and one resident of Vanderburgh County. Trustee terms are for four years, except for the student term, which is two years.

Additionally, Governor Holcomb appointed Dr. Trent Engbers, USI assistant professor of political science and director of USI’s Master of Public Administration Program, as the faculty member of the Indiana Commission for Higher Education for a two-year term.

Zionsville Lawyer Announces Challenge To Attorney General Hill

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By Abrahm Hurt
TheStatehouseFile.com

INDIANAPOLIS—Zionsville attorney John Westercamp announced Thursday that he will challenge embattled Attorney General Curtis Hill for the 2020 Republican nomination.

Thirty-year-old Westercamp has practiced law at Bose McKinney & Evans since 2014 where he focuses on representing clients in mergers and acquisitions matters and in negotiating, procuring and drafting economic development agreements.

“I feel like Indiana’s given me so many great opportunities, and it’s important that we keep a pro-life, principled, conservative Hoosier in the attorney generals office next November,” he said at a news conference.

Westercamp formally announced his candidacy on Thursday in Indianapolis and three other locations: Elkhart, Fort Wayne and Evansville.

Westercamp said he would bring a private sector perspective to the office because he works with small and medium-sized Hoosier companies.

He said he would also like to address the number of robocalls across the state.

“Too little has been done to address this issue,” he said. “If elected I would work with the state to negotiate contracts with telecom providers that would require those providers to use big data to reduce the number of robocalls Hoosiers receive on their cell phones.

Hill, the current attorney general who has served since 2017, was accused of sexual misconduct after a March 2018 party at the end of the legislative session.

The four women—Rep. Mara Candelaria Reardon, D-Munster; Niki DaSilva, a legislative assistant for Indiana Senate Republicans; Samantha Lozano, a legislative assistant for Indiana House Democrats; and Gabrielle McLemore, communications director for Indiana Senate Democrats— say Hill was drunk, made sexual comments and groped them.

Hill has denied wrongdoing, threatened to sue his accusers and has refused to step down from his position despite Gov. Eric Holcomb and legislative leaders calling for his resignation.

“I think the distractions around the attorney’s general office is not good for the state of Indiana, and we need new leadership,” Westercamp said.

Last October, a special prosecutor appointed to look into the allegations, decided not to file charges against Hill. However, the Indiana Supreme Court disciplinary commission has filed a 10-page complaint against Hill, accusing him of committing both felony-level and misdemeanor battery while acting “with the selfish motive to arouse his sexual desires” in March.

A hearing on the disciplinary charges before retired Supreme Court Justice Myra Selby will be held starting Oct. 2. Hill could face the loss of his law license, which in turn could cost him his elective office because Indiana law requires the attorney general to be licensed to practice law.

The four women also filed a civil lawsuit against Hill and the state claiming they have been subjected to harassment and discrimination since making their complaints more than a year ago.

Westercamp has never run for public office, but he has served as a delegate to the Indiana Republican convention in 2008 and 2014.

He earned his bachelor’s degree in management and his master’s in finance from Purdue, and was graduated from Indiana University’s Maurer School of Law in 2014.

Attorney general candidates are nominated at their party conventions and not by primary elections. The Indiana GOP will name a candidate at its 2020 state convention.

Abrahm Hurt is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalists.

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Senator Braun Announces Staff Mobile Office Hours for July 2019

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U.S. Senator Mike Braun announced his staff mobile office hours in July to better assist Hoosiers.

“I have been working hard on behalf of Hoosiers in D.C. to lower prescription drug prices, overhaul our healthcare system, and stop government overreach,” said Senator Mike Braun. “My staff will be holding mobile office hours around the state to better assist Hoosiers in these areas and other concerns.”

– MOBILE OFFICE HOURS - 

Jasper 

Tuesday, July 23 at 10:00 AM to 12:00 PM

Jasper Mayor’s Office

610 Main Street

Jasper, IN

Loogootee 

Tuesday, July 30 at 10:00 AM to 12:00 PM

Loogootee Mayor’s Office

401 John F Kennedy Avenue

Loogootee, IN

Princeton 

Friday, July 12 at 4:00 PM to 8:00 PM

Toyota Event Center on the Fairgrounds

709 N Embree Street

Princeton, IN

 

 

 

 

 

 

 

 

 

Court To Decide Whether Seizure Of Car For Minor Drug Offense Was Excessive

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Court To Decide Whether Seizure Of Car For Minor Drug Offense Was Excessive

By Victoria Ratliff
TheStatehouseFile.com

INDIANAPOLIS—More than five years after the state seized his car, Tyson Timbs was back before the Indiana Supreme Court Friday arguing that taking his $40,000 car for a $260 drug deal is excessive and unconstitutional.

Timbs had used his Range Rover when he sold heroin to an undercover police officer, but “it was grossly disproportionate to his crime,” said Sam Gedge of the Virginia-based Institute for Justice, who is representing Timbs in this case.

Timbs has been battling to recover the vehicle he bought with money he inherited from his father. After selling the heroin to the undercover police officer, he pleaded guilty to his crime and was sentenced to one year of house arrest and probation. That’s when law enforcement seized his vehicle because he had driven it when he sold the drugs.

Timbs went to state court to recover his car and initially won. But when the case landed before the state Supreme Court, he lost.

That’s when he and his lawyers appealed to the U.S. Supreme Court, where they argued the punishment was disproportionate to the crime. The high court heard arguments last fall and in February issued a ruling in Timbs’ favor, saying the Eighth Amendment protection against excessive fines and punishment applies to the states.

The case was sent back to the state Supreme Court to rule whether the seizure of Timbs’ vehicle was, in fact, excessive.

Timbs’ lawyers say the state has changed its tune—it is no longer arguing whether the punishment is proportional to the crime but that, under law, the state has a right to seize the vehicle because it was used in the crime.

“What should matter is instrumentality,” Indiana Solicitor General Thomas Fisher said, arguing that under Indiana law the mere fact that the vehicle was used when Timbs sold heroin justifies its seizure.

Gedge argued that treating every offender the same and delivering the same level of punishment is dangerous. He said that someone who sold $260 of heroin shouldn’t face the same public forfeiture as someone who is charged with more serious crimes, or someone running a drug ring.

Fisher said that since Timbs admitted to using the rest of his inheritance to buy drugs, he could have faced a much more serious sentence. Therefore, he argued, the seizure of the vehicle was proportionate in relation to the 20-year sentence he could have faced.

“If 20 years wouldn’t be grossly disproportionate, I don’t see how $40,000 would be,” Fisher said.

Chief Justice Loretta Rush said that there was no way for the court to know whether the vehicle was ever actually used in the other drug transactions.

“There’s no range or scope to how often it was used,” she told Fisher.

Gedge argued that the court needs to also look at the ruling in Timbs’ criminal case. The judge in that case gave Timbs a relatively light sentence because she believed the offense was a minor one.

Furthermore, seizing the vehicle was excessive because it made it more difficult for Timbs, who had little money or resources, Gedge told the justices. He also said that Fisher needs to look at what actually came of the criminal case, not the charges Timbs could have received.

A range of organizations from the liberal American Civil Liberties Union to the libertarian Cato Institute filed briefs with the court in support of Timbs’ position.

Rush said that the court will discuss the case more and will then issue its decision.

Victoria Ratliff is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalists.

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