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INDIANAPOLIS – Below find Indiana Gov. Eric J. Holcomb’s public schedule for October 1, 2018.
Monday, October 1: Robing Ceremony of the Honorable Elizabeth F. Tavitas
WHO:Â Â Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb
Members of the judiciary
WHAT:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â The governor will give remarks.
WHEN:Â Â Â Â Â Â Â Â Â Â Â 2 p.m., Monday, October 1
WHERE:Â Â Â Â Â Â Â Â Â Indiana Statehouse
Supreme Court Courtroom
200 W. Washington St.
Indianapolis, IN 46204
Olivia Covington for www.theindianalawyer.com
The Indiana Supreme Court has agreed to decide whether Yorktown can forcibly remove its clerk-treasurer from office, a decision the clerk-treasurer’s attorney told the justices could have implications beyond his client.
The court heard oral argument on petition to transfer in State of Indiana v. Beth A. Neff, 18A02-1708-IF-01933, on Thursday morning. Delaware County Prosecutor Jeffrey Arnold opened the case in July 2017, when he filed for Neff’s removal based on her failure to correctly reconcile the town books for 48 consecutive months.
The trial court declined the motion to remove Neff under Indiana’s Removal Statute, Indiana Code section 5-8-1-35, finding her failure to reconcile the books was a result of misfeasance, not nonfeasance. But the Indiana Court of Appeals disagreed, holding in May that “Neff’s failure, over a period of years, to perform a critical, official and mandatory duty for a clerk-treasurer falls squarely within the confines of Article VI Sections 7 and 8 of the Indiana Constitution and our legislature’s response via the Removal Statute.â€
The state urged the justices to deny transfer and uphold the COA’s ruling, arguing that under State v. McRoberts, 207 Ind. 293, 192 N.E. 428 (1934), and State ex rel. Ayer v. Ewing, 231 Ind. 1, 106 N.E.2d 441 (1952), Neff could be removed for failing to perform an essential duty of her office. But Jeffrey Heinzmann, Neff’s counsel, argued McRoberts and Ayer require elected officials to shirk all of their duties, not just one duty, before removal is warranted.
The state urged the court to adopt its proffered test to determine when removal from elected office is appropriate. The proposed test would include three questions, the third of which would be most dispositive:
• Did the official fail to perform a duty?
• Was the neglected duty essential or critical?
• Was the neglect isolated?
In Neff’s case, the state maintained her four-year failure to properly reconcile the books could not be considered isolated neglect.
The justices must now decide which interpretation of the Removal Statute to adopt. Heinzmann cautioned that allowing the COA’s decision to stand could lead to a proliferation of removal cases due to what he perceives to be an expansion of the statute. That proliferation would take power away from the voters, he said.
Junior Rachel Tam recorded a game-high 21 kills as the University of Evansville volleyball team came up short at Bradley by a final of 3-0 on Saturday evening.
Tam hit .240 in the match with 21 kills in 50 tries for UE (6-12, 0-5 MVC). Mildrelis Rodriguez and Alondra Vazquez finished with 6 and 5 kills, respectively. Vazquez paced the team with 19 digs while Allana McInnis had 24 assists. Erica Haslag and Hannah Thompson paced the Braves (14-2, 4-0 MVC) with 12 and 11 kills.
Evansville led early in game one with a BU error giving them a 2-1 edge. Bradley notched the next two to take the lead before extending the advantage to seven at 11-4. The Aces slowly made their way back, cutting a 22-17 deficit to just a pair at 22-20 with back-to-back kills from Tam and Kerra Cornist. The Braves regrouped following a time out, scoring the final three to win by a 25-20 score.
In the second game, the Braves posted the first two points and never trailed. UE kept it close with a Tam kill getting her squad within three at 14-11, but BU pushed its lead back out to seven (24-17) before the Aces scored three in a row to make it the final of 25-20.
An excellent start saw UE jump out to an 8-1 lead in the third frame. Tam and Rodriguez notched two kills apiece in the run. Bradley came back with four in a row to make it an 8-5 game, but the Aces stood strong with another Tam kill extending the lead back to five at 15-10. The difference for the Braves came in a 10-3 run gave them a 20-18 edge, their first lead of the set. Evansville fought back to tie it at 22-22 on a Vazquez kill, but the Braves hung on, scoring the last three tallies to clinch the match with a 25-22 triumph.
UE looks to regain its stride when it returns home next weekend to take on Southern Illinois and Missouri State.
The Screaming Eagles (8-9, 2-7 GLVC) return to action Tuesday at 6 p.m. (CDT) when they visit Bellarmine University.
Set 1
William Jewell (4-14, 1-7 GLVC) held the Eagles to a negative .103 attacking percentage as it pulled out the four-point win in the opening frame. USI led 21-20, but the Cardinals won the final five points to grab the one-set lead.
Set 2
USI rallied from a two-point deficit midway through the second frame pull into a 17-17 tie, but the Cardinals won eight of the final 10 rallies to pull out the six-point win and extend their match lead to 2-0. William Jewell hit .317 in the second frame and held the Eagles to a .154 attacking percentage.
Set 3
The Eagles fought off match-point three times and had a chance at set-point with a 27-26 lead, but the Cardinals won three straight points to end the Eagles’ comeback bid. USI, which hit .280 in the third frame, had a 19-12 lead, but the Cardinals used a 10-3 run to match USI at 22-22.
USI Statistical Leaders
Sophomore outside hitter Alyssa Yochum (Columbia, Illinois) posted her first-career double-double with 11 kills and a career-high 12 digs. Sophomore setter Casey Cepicky (St. Louis, Missouri) had 18 assists and eight digs, while senior libero Haley Limper (Springfield, Illinois) and sophomore defensive specialist Callie Gubera(Thorntown, Indiana) had 15 and 10 digs, respectively.
