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COA: Jury trials unavailable for expungements

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Olivia Covington fort www.theindianalawyer.com

A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.

In Thomas A. DeCola v. State of Indiana, 18A-MI-732, Thomas DeCola was suspended from Kankakee Valley High School in 2001 and, as a result, temporarily lost his driving privileges. Those privileges were restored in 2002, and 16 years later in 2018, DeCola petitioned the Jasper Superior Court to expunge all records pertaining to his 2001 suspension.

The trial court denied the petition and a subsequent motion to correct error, finding that DeCola did not identify any relevant statutory basis for his claim. The Indiana Court of Appeals agreed on Wednesday, with Judge John Baker writing that DeCloa’s claim that the trial court improperly denied his petition was “totally without merit.”

“The Indiana Code does not allow for an individual to have a school suspension expunged from his records,” Baker wrote. “Rather, expungement as a remedy is limited to criminal arrests and convictions.”

DeCola also argued the trial court erred when it did not conduct a jury trial, but the appellate court found that argument failed as a matter of substance. Specifically, Baker said the General Assembly had created a statutory framework in which the court, rather than the jury, is tasked with hearing and ruling on expungements.

“It follows that expungement would have been deemed an equitable rather than a legal remedy,” Baker concluded. “Because expungement was not triable by a jury at common law, we hold that petitioners seeking expungement are not entitled to a ju

Disney Junior Dance Party On Tour

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GREAT SEATS JUST OPENED

 

Disney Junior Dance Party On Tour

Old National Events Plaza

Thursday, October 18 at 6PM

 

Evansville – We are pleased to announce that GREAT, NEW seats have just been opened in ALL price levels for the Disney Junior Dance Party at Old National Events Plaza on Thursday, October 18th at 6 pm.

 

Don’t miss your chance to see live appearances by your favorite Disney Junior characters Mickey Mouse, Minnie Mouse, Goofy, Elena of Avalor, Sofia the First and Doc McStuffins.  Children will be delighted by interactive on-screen moments with Puppy Dog Pals, The Lion Guard and Muppet Babies, as well as the first-ever live appearance by Vampirina! Watch a preview here: https://bit.ly/2HlIR2q

Get your tickets at the venue box office, ticketmaster.com or charge by phone at 800-745-3000.

“READERS FORUM” OCTOBER 17, 2018

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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? 

WHATS ON YOUR MIND TODAY?

Todays“Readers Poll” question is: Do you feel that every member on the Evansville City Council will have someone to run against them in the 2019 city election?

If you would like to advertise on the CCO please contact us City-CountyObserver@live.com

Footnote: City-County Observer Comment Policy.  Be kind to people. No 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, insults against commenters will not be tolerated and will be removed from our site.

Charity Gaming Laws Might Be Due For A Change

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By Dionte Coleman
TheStatehouseFile.com

INDIANAPOLIS – For decades, bingo games and other forms of gaming have provided a major funding source for local posts of the American Legion in Indiana and other nonprofit organizations.

But with the advent of other legal gambling outlets, rules that prevent organizations from providing even small compensation for the volunteers running their charitable games make it hard for these all-volunteer groups to stay in business.

“Those (organizations) that might not be able to compensate workers may be at a disadvantage,” Sarah Tait, executive director of the Indiana Gaming Commission, told the Interim Study Committee on Public Policy Friday. “Certainly the common theme we hear is that charities are having a hard time finding volunteers.”

The Public Policy listened to more than an hour of testimony from organizations like the American Legion as their members explained the importance of gambling to funding the work of many charities.

 

Even with the benefit that charitable gambling brings to the American Legion, Lisa Wilken, district chair of the American Legion in Indiana, said their finances and membership are on a steady decline. That is in part because they can’t provide the volunteers with anything as simple as a drink after a five-hour shift.

“Our bingo workers are important to our veterans’ organization because right now, bingo is all voluntary. We are in direct competition with all of the organizations that have gaming in the state, gambling in the state. The difference is we’re charitable gaming,” Wilken said.

Without the financial support of charitable gaming, the American Legion has had to close down a couple of their posts, making it harder for some veterans to find a post close to home, Wilken said. She also said that she fears it may deter some younger veterans from joining the American Legion.

Charitable gaming is a half-billion-dollar industry in Indiana, according to Tait. The American Legion is missing out on a funding source that could help improve the lives of Hoosier veterans, Wilken said.

She explained that the money received through gaming events has always been returned to the community in some fashion through programs for vets.

“Our membership’s spending money and our organization is the way that we help our local communities. So, that’s why you see us here wanting to be able to pay our bingo workers, wanting to be able to add other charitable gaming enhancements to our program. So, we can continue to use that charitable gaming money in our local communities,” Wilken said.

State Rep. Terri Austin, D-Anderson, discussed the fears that some people might steal from the charitable gambling events for their own personal gain. Wilken assured her that if that were to happen action would be taken.

Committee agreed that something should be done about the issue but have not discussed ways to improve. They will be meeting over the next two weeks to discuss ways to improve charitable gambling.

Tait told the committee that her agency will be making recommendations to revise Indiana’s charitable gaming laws in the 2019 legislative session.

FOOTNOTE: Dionte Coleman is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

ETFCU’s Bill Schirmer Honored As Indiana’s Top Credit Union Leader

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Bill Schirmer, president and CEO of Evansville Teachers Federal Credit Union, was honored by the Indiana Credit Union League as its Professional Achievement Award winner for 2018.

Schirmer is the first recipient from an Evansville-based credit union in the award’s 29-year history. The recognition came at the ICUL’s annual meeting in Indianapolis. 

Criteria for the award includes understanding and personifying the credit union philosophy of “people helping people”, promoting the credit union ideal, exhibiting leadership and management ability, possessing an ability to coordinate and work with volunteers and staff, maintaining a record of success in improving the financial fitness of the credit union, being dedicated to the importance of continuing education and training, and successfully developing and expanding services to credit union members.

Schirmer joined ETFCU in April of 2012 after serving as Vice President and CFO of Lake Michigan Credit Union in Grand Rapids.  His nomination noted that, since he joined ETFCU, the organization has grown from 68,000 members to more than 202,000 and now operates 15 branches in Indiana, Kentucky and Tennessee, with another five expected to open in those states by mid-2019.

With more than $1.5 billion in assets, ETFCU is Indiana’s second-largest credit union. In 2017 alone, ETFCU added 26,421 new members; increased net worth by $22.3 million, with total equity at $145 million; grew loans 12 percent to $1.16 billion; grew loans serviced by 13 percent to $2.38 billion; grew total assets by 14 percent to $1.46 billion; and increased mobile banking users by 11,033 – a staggering 41 percent increase. The credit union returned more than $2.3 million to members via Vertical and Platinum Rewards checking accounts that offer a 3 percent rate of return on balances up to $15,000 (increased to $20,000 for 2018) and refund fees up to $15 per month for non-ETFCU ATM transactions. 

That work earned ETFCU recognition by Forbes as “Best-in-State” among Indiana credit unions, based on the results of an independent survey.

In 2017, ETFCU supported numerous non-profits and awarded ten $5,000 college scholarships to members and children of members. Schirmer chaired the boards at the EVSC Hangers School Clothing Resource bank and Habitat for Humanity of Evansville (which will become the 26th city nationwide to make its 500th house build this year). He championed an organizational campaign to fund a complete house build for Habitat, as well as an employee effort to boost United Way of Southwestern Indiana campaign giving from $12,000 to $45,000 – the largest increase among involved companies. Schirmer also serves as a board member of the EVSC Foundation and Junior Achievement of Southwest Indiana, and serves on the Advisory Council for the University of Southern Indiana.

At the ICUL meetings, ETFCU also received notice for the Dora Maxwell Award for community service for its support of Hangers. Schirmer serves as president of the Hangers board and raises funds for the organization during its annual Celebrity Scoop Night, where he again this year was the top fundraiser. 

New Lawyers Reminded Of Civility, Service And Family At Admission Ceremony

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Marilyn Odendahl for www.theindianalawyer.com

Emphasizing civility and community service, Indiana state and federal judges along with other members of the legal profession welcomed nearly 300 new attorneys to the practice of law Tuesday as part of the Indiana Supreme Court Admission Ceremony.

The morning pomp and circumstance, followed by a reception, highlighted the relief and sense of accomplishment that comes after three years of studying to obtain a J.D. degree and weeks of intense preparation to pass the bar exam. Jacob Taulman, president of the Young Lawyers Section of the Indiana State Bar Association, indicated this is a day the new admittees will likely not forget.

“Having been sitting in your seat eight years ago yesterday,” Taulman told the crowd, “I remember the feeling, the excitement.”

The new lawyers introduced themselves individually to the courts then took seats up front, close to the stage filled with Indiana Supreme Court justices as well as judges from the Indiana Court of Appeals, Indiana Tax Court and the federal courts. Amid the speeches offering congratulations and advice, they took the oaths for admission to the Indiana Supreme Court and to the federal district courts for the northern and southern districts of Indiana.

Indiana Chief Justice Loretta Rush reminded the new attorneys that they did not achieve their goal of becoming a lawyer by themselves. She had the admittees stand, turn around and thank their family and friends who were helping them celebrate.

“You would not be here today without the support and, yes, even the suffering of those in the back half of the room,” Rush reminded them “Let’s acknowledge those who contributed to your admission to the bar… .”

Family ties were prominent when the Indiana oath was administered jointly by Elkhart Circuit Judge Michael Christofeno and Vigo Circuit Judge Sarah Mullican. Christofeno’s son and daughter-in-law, Jon and Kayla, along with Mullican’s daughter, Katherine, were all admitted at the ceremony.

Civility, integrity and problem-solving were the common themes among the words of advice offered.

Court of Appeals Judge John Baker told the new lawyers to volunteer their talents and think about how they can serve their communities, state and nation because opportunities abound for lawyers to apply their problem-solving skills. Indiana Attorney General Curtis Hill said he hoped they would work hard not just to serve their clients, but also to serve the greater good.

Magistrate Judge John E. Martin of the U.S. District Court for the Northern District of Indiana read the poem, “The Man in the Glass,” by Dale Wimbrow to underscore to the new attorneys the importance of being polite and civil in their personal and professional lives.

Chief Judge Jane Magnus-Stinson of the U.S. District Court for the Southern District of Indiana left the new lawyers with the choice that they could be lawyers who either solved problems or caused problems.

“So from time to time, just to make sure that you’re doing what you should ask yourself, ‘Does this action solve a problem or cause a problem,’” Magnus-Stinson said. “If it’s the former, full speed ahead. If it’s the latter, you better change course.”

In her closing remarks, Rush asked the new lawyers to think ahead 50 years when they will be getting ready to retire and consider how they will want to answer two questions – What role did I play in solving the problems of society, and how did I carry out those responsibilities?

“At the dawning of a great career, you should also consider the sum of it as well,” the chief justice said. “How you answer those dual questions about roles and responsibilities will shape how you, as a lawyer, will help solve the pressing problems that our communities face.”

St. Vincent Evansville Birth Announcements For October

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St. Vincent Evansville Birth Announcements For October 16, 2018

Ellen and Michael Calhoun, Evansville, son, Charles Daniel, Oct. 8

Crystal Roth and Eric Dempsey, Boonville, IN, son, Kai Xavier, Oct. 8

Payton and Aaron Meuth, Henderson, KY, son, John Navy, Oct. 8

Sandy Brown and Justin Terrell, New Harmony, IN, son, Axle Warren James, Oct. 8

Shelby and Charles Embrey, Newburgh, son, Devin Michael, Oct. 9

Kayla and Michael Roark II, Evansville, son, Klay Michael, Oct. 10

Sheree and Corey Bridges, Newburgh, daughter, Myah Presley, Oct. 12

Lalnun Thari and Mordecai Zodinliana, Evansville, daughter, Anna Lalrammawii, Oct. 12

Toni and Brandon Schmitt, Haubstadt, IN, daughter, Annie Rose, Oct. 12

Brittany Bevins and Adam Sanso, Newburgh, son, Noah Joseph, Oct. 12

Samara Lacer and Dennis Barker Jr., Evansville, daughter, Layla Rose, Oct. 13

Mckenzie Mooney, Evansville, daughter, Ruby Louise Emerson, Oct. 14

USI finishes Homestand With Senior Day This Week

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The University of Southern Indiana women’s soccer team concludes an important four-match homestand this week by hosting Rockhurst University Friday at 5 p.m. and William Jewell College Sunday at noon. Sunday’s USI-WJC match-up is Senior Day for the eight Screaming Eagles who will be playing their final regular season home match at Strassweg Field.

The eight USI seniors – defender/midfielder Olivia Wilde, defender Hannah Huebner, forward Carissa Dyer, midfieler Ryley Hancock, forward Kennedy Moore, midfielder Kristin Rettig, and goalkeeper Emily Hopkins –  will be honored in a ceremony prior to Sunday’s match.

Coverage for the Eagles in GLVC action can be found at GoUSIEagles.com.

Week 8 Eagle Notes: 

In the GLVC: The Eagles enter this week’s GLVC play in a tie for fourth in the conference, a half-game out of a tie for second (currently a tie between Rockhurst and Lewis University) and two games back of first place McKendree University. USI needs a win in the last three conference matches to clinch a spot in the GLVC Tournament and will likely need at least two wins to earn a first round home game depending upon tie breakers.

Eagles sweep last week: The Screaming Eagles (8-5-2, 6-3-1 GLVC) swept last week’s games, posting a 3-1 victory over Maryville University and a 1-0 win over the University of Missouri-St. Louis. Sophomore forward Taylor McCormick led the Eagles with a pair of goals, including the game-winner, in the victory over Maryville, while senior forward Kennedy Moore posted her first goal of the season and game-winner in the defeat of UMSL.

Hopkins climbs in USI record book: USI senior goalkeeper Emily Hopkins is climbing the Eagles’ all-time ranking for shutouts, moving to third all-time with 16.3 shutouts in three-plus seasons. She also ranks fourth all-time in saves (256) and is currently third in goals against average (1.25 through October 14). Hopkins has four shutouts, 65 saves and a 1.21 GAA this fall.

Winter holds the lead in scoring: Sophomore forward Maggie Winter holds the Eagles’ lead in scoring with 11 points on four goals and three assists. Junior forward Emilie Blomenkamp, who is tied with Winter for the team lead with four goals; sophomore midfielder Rachel Gray; and sophomore forward Taylor McCormick are tied for second with eight points each. Senior forward Ryley Hancock has the team lead in assists with four.

Schoenstein in his third year: USI Head Coach Eric Schoenstein is in his third season as the head coach of the Eagles, producing a 25-19-8 mark and back-to-back GLVC Tournament appearances.

USI vs. Rockhurst: Rockhurst leads the all-time series with USI, 12-1-0, dating back to 2005. The Hawks also have had the upper hand the last five meetings, winning all five, including a 2-1 win last year over the Eagles at home.

Hawks in 2018: The Hawks are 8-5-1 overall and 7-3-0 in the GLVC after sweeping last weekend with a 2-0 win over Lewis and a 2-1 win over the University of Indianapolis.

USI vs. William Jewell: William Jewell leads the all-time series, 4-3-0, since the Cardinals joined the GLVC in 2011. USI won last year’s match-up in Kansas City, Missouri, 1-0.

Cardinals in 2018: William Jewell, which plays at Bellarmine University on Friday before visiting USI, is 7-7-1 overall and 4-6-0 in the GLVC after losing twice last weekend and losing three of its last four matches.