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Massa letter gives Holcomb 60 days to pick 3 Marion Superior judges

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Olivia Covington for www.theindianalawyer.com

Indiana Gov. Eric Holcomb now has 60 days to select three new Marion County judges after the committee created to interview judicial candidates formally submitted its recommendation of nine finalists to fill three upcoming Superior Court vacancies.

Indiana Supreme Court Justice Mark Massa, writing on behalf of the Marion County Judicial Selection Committee, submitted the committee’s statutorily required letter concerning the nine finalists to Holcomb on Wednesday. The 14-member committee — created in 2017 to replace former slating election system voided by the 7th Circuit Court of Appeals — met in late May to interview 40 applicants to fill the vacancies that will open when Democratic judges Becky Pierson-Treacy and Thomas Carroll and Republican Judge Michael Keele retireat the end of the year.

By statute, the committee must recommend three candidates to fill each judicial vacancy. Because three vacancies will open up this year, committee members were required to select nine finalists.

Holcomb, a Republican, has 60 days from Wednesday to select the three new judges. He is also in the midst of a 60-day period to select Indiana’s next Court of Appeals judge.

Here’s a look at the qualifications the Judicial Selection Committee identified in the nine finalists:

Candidates to replace Keele

Each of the three candidates named to fill Keele’s vacancy has a background in public defense work. Magistrate Jason Reyome, who currently presides over the recently created Initial Hearing Court, began his career at the Marion County Public Defender Agency while also co-founding a private firm that represented indigent and underserved clients. Reyome has conducted pro bono programs for refugees served by the Neighborhood Christian Legal Clinic and has employed bilingual attorneys and paralegals to reach the Spanish-speaking community.

On the bench of the Initial Hearing Court, Reyome helped implement a new method and location where initial hearings can be held and search warrants can be processed for the major felony and misdemeanor courts, a change that Massa said has helped ease jail overcrowding. He is also a member of the Marion County Community Corrections Advisory Board and is a frequent lecturer on legal ethics and professionalism.

Like Reyome, Jennifer Harrison began her legal career as a Marion County public defender, handling cases ranging from misdemeanors to major felonies. Her career has included extensive litigation experience, Massa said, including six murder trials.

In 2017, the former public defender moved to Lewis and Wilkins and switched to civil litigation. Outside of the courtroom, Harrison is a board member of Drug Free Marion County and a graduate of the Richard G. Lugar Excellence in Public Service Series.

Unlike the other two candidates to replace Keele, Magistrate Geoffrey Gaither’s legal career began with a clerkship for the District of Columbia Court of Appeals. Gaither then worked as a solo practitioner and for both the Marion County Prosecutor’s Office and the Public Defender Agency.

Gaither was appointed a juvenile magistrate judge in 1995 and has spent the ensuing years hearing juvenile delinquency cases, termination of parental rights cases and adoption matters. He is also the presiding judge of the Dual Status Court, which serves children involved in delinquency cases and Indiana Department of Child Services proceedings. Gaither also is a graduate of the Indiana Judicial College and is the founder of the Young Women’s Empowerment Conference and the Male Mentoring Conference.

Candidates to replace Pierson-Treacy

Magistrate Judge Marshelle Dawkins Broadwell has spent almost the entirety of her career in public service, beginning as a Marion County public defender before becoming a litigation attorney for the City of Indianapolis. Broadwell then spent one year in private practice before being named a master commissioner, and later a magistrate judge, in the Marion Superior Court. Her docket consists of domestic violence criminal cases, civil and domestic relations matters and custody disputes.

Broadwell’s legal involvement includes work with the Judicial Conference’s Protection Order Committee and the Indianapolis Bar Association. She is also an active volunteer for Boy Scouts of America, a position she uses to promote civic involvement.

Charnette Garner joined Indiana’s legal community after working in Missouri, where she was an assistant attorney general in that state’s Attorney General’s Office. Garner then returned to Indiana to work at the Marion County Prosecutor’s Office, where she became supervisor of the D Felony Division. She was recruited to the United States Attorney’s Office in 2014, but she returned to the MCPO in 2015 to become chief counsel.

Garner is heavily involved in bar associations, including the Marion County Bar Association and the Indianapolis Bar Association, as well as the National Black Prosecutors Association. She is also a member of the Pike Career and STEM Center’s Criminal Justice Advisory Board, which strives to help Marion County students better understand the criminal justice system.

After spending a short amount of time as a solo practitioner, Terrance Tharpe began working in the MCPO in 2004 and was eventually promoted to chief felony firearms prosecutor and assistant supervisor in the felony narcotics unit. Tharpe then served as a clerk for Indiana Court of Appeals Judge Rudolph Pyle before accepting his current position as staff counsel for GEICO.

Tharpe’s legal career began when he attended Indiana University Maurer School of Law as an Indiana Conference for Legal Education Opportunity Fellow, and as an attorney he has served as president of the Marion County Bar Association. During his tenure as bar president, Tharpe guided the organization through the Midwest Black Law Student Annual Association regional conference, which it hosted in 2015.

Candidates to replace Carroll

The next person to hold Carroll’s seat on the bench will have some judicial experience, as each of the three finalists named to replace him currently serves as Marion County magistrate judges. Magistrate Judge Jeffrey Marchal currently serves in the criminal and civil divisions of the Marion Superior Court, presiding over major felonies, domestic relations and civil collections cases. Before being named a master commission and magistrate judge, Marchal worked briefly for the Marion County Public Defender Agency before representing criminal defense, juvenile law, medical malpractice and general tort litigation at a private firm.

Marchal’s legal service involves multiple board memberships, including the Marion County Community Corrections Advisory Board, the Criminal Benchbook Committee and the Jury Committee. On the Jury Committee, Marchal serves as the only magistrate judge to have ever been appointed.

Magistrate Judge Mark Jones currently presides over a criminal and civil docket in the Marion Circuit Court. His prior work included time at the Marion County Prosecutor’s Office, a civil practice while at a private firm, and a stint as a staff attorney for the Indiana Supreme Court Disciplinary Commission. Jones also returned to the MCPO to serve as the senior deputy and chief deputy prosecutor before ascending to the bench.

Like Marchal, Jones serves on multiple committees, including the Civil Benchbook Committee, the Marion County Court Technology Committee and the Indiana State Bar Association’s Grievance Committee, among others. He is also a community mentor and volunteer for organizations that serve local youth and ex-offenders re-entering society.

Magistrate Judge Danielle Gaughan’s judicial service began in 2002, when she was named a master commissioner in the Marion Superior Court after working in the Marion County Public Defender Agency. She was then named a magistrate judge in the juvenile division in 2007 and helped eliminate a backlog of 300-400 parental rights cases within a year. Her current caseload involves termination of parental rights and children in need of services cases involving roughly 700 children.

Gaughan’s legal involvement includes work with several bar associations. She is also a member of Big Brothers and Big Sisters of Indiana, a position she uses to promote the importance of positive role models.

“I feel confident that all of the nominees are of a high caliber and would be a lasting credit to the Marion County Superior Court bench,” Massa said in closing the six-page letter.

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AG Curtis Hill commends federal court for respecting federalism, blocking Waters of the United States Rule

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Attorney General Curtis Hill today applauded a decision by the U.S. District Court for the Southern District of Georgia to grant a preliminary injunction blocking the 2015 Waters of the United States (WOTUS) Rule for Indiana and 10 other states.

“This rule, a product of the Obama years, infringes on the states’ rightful authority to regulate land and water resources within their own borders,” said Attorney General Hill. “I hope this preliminary injunction foreshadows a final resolution that properly upholds the principles of American federalism. Going forward, my office will continue to stand against federal overreach.”

A complaint filed by Indiana and the 10 other states stipulated that the 2015 WOTUS Rule violates the Clean Water Act and the Administrative Procedure Act. In its order issued June 8, the court agreed that if the WOTUS Rule became effective, the states would suffer irreparable harm in the form of both a “loss of sovereignty and unrecoverable monetary losses.” The court concluded that blocking the WOTUS Rule also favors the public interest because it saves “farmers, homeowners, and small businesses” from having to “devote time and expense to obtaining federal permits … to comply with a rule that is likely to be invalidated.”

The WOTUS Rule, purported to protect the environment, would have taken jurisdiction over natural resources from states and put it in the hands of federal agencies. These resources included almost any body of water, such as isolated streams, hundred-year floodplains and roadside ditches.

The 11-state coalition that filed the complaint also includes Alabama, Georgia, Florida, Kansas, North Carolina, South Carolina, Utah, West Virginia, Wisconsin and the Commonwealth of Kentucky.

In light of the district court’s order and an earlier injunction granted by the U.S. District Court for North Dakota, federal courts have now issued injunctions against the 2015 WOTUS Rule in favor of 24 states.

Read the June 8 order from the U.S. District Court for the Southern District of Georgia.

Deadly Read St fire investigation being handled as a a homicide

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Evansville Police are classifying the deadly June 10th Read St fire investigation as a homicide. Fire crews found 41 year old Gerard Elliott Matts in the building while battling the fire. Matts body was severely burned in the fire.
Based on the autopsy, investigators believe Matts was deceased before the fire started. While investigators believe his death was a homicide, the cause of death is not being released at this time.
Investigators are asking anyone with information about Matts’ death and/or the fire to call Detective Karin Montgomery at 812-436-4013. Information can be given anonymously to WeTip at 1-800-78-CRIME.

Body Recovered in Spencer County Pond.

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Indiana Conservation Officers are reporting that the body of a man who went missing in a small private pond in Spencer County has been recovered.

Robert A. Hardy, 65, Tennyson, and two others were on a small paddleboat checking a trot line at a private pond.  The boat overturned and all three were thrown into the water.  The other two were able to make it to shore, but Hardy went under water.

At approximately 5:18 PM, an Indiana Conservation Officer diver recovered Hardy in approximately 8 ft. of water and he was pronounced dead at the scene.

Responding agencies included the Spencer County Sheriff’s Department, Indiana State Police, Spencer County EMS, Spencer County EMA Water Rescue, Spencer County Coroner, Jackson Township Fire, and Indiana Conservation Officers.

Otters down Boomers in series opener

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The Evansville Otters bested the Schaumburg Boomers 5-2 in the first game of a three-game series on Tuesday evening at Boomers Stadium.
Evansville jumped out to an early 2-0 lead in the first inning. After loading the bases on an error, hit batsmen, and a base hit, Travis Harrison singled home Manny Cruz and Jeff Gardner to put the Otters up by two runs.

Schaumburg tied the game up in the second with an RBI groundout from Dylan Jones and a wild pitch that scored Kenny Towns from third base.

The Otters retook the lead with two runs in the fourth. Mike Rizzitello singled home Harrison and then a balk allowed Brandon Dulin to score from third and put the Otters up 4-2.

Evansville added another run in the seventh on an RBI fielder’s choice from Toby Thomas to take a 5-2 lead.

Mitch Aker then came on in the ninth to close out the game and earn his eleventh save of the season.

Luc Rennie gets the win for the Otters, his third of the season. The righty tossed seven innings, allowing just two runs, and striking out six.

Joe Hauser is dealt the loss for the Boomers. Hauser worked four innings and gave up four runs, two earned, on six hits.

Mike Braun Statement on President Trump’s Summit with Kim Jong-un

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Mike Braun’s campaign released the following statement regarding President Trump’s historic summit with Kim Jong-un:
 “After decades of failed negotiations by previous administrations, President Trump made history at yesterday’s summit with Kim Jong-un,” said Braun. “President Trump has accomplished what Barack Obama never could, and as a result we are beginning a path towards a safer Pacific region and a safer United States.”

This Week at USI

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Below is a list of events and activities happening in and around the USI community in the coming weeks:

Summer 2018

Summer camps and activities to be offered at USI

Registration is now open for a variety of camps offered this summer through the University of Southern Indiana. The camps each have a different focus, and range from engineering and other STEM-related themes to sports and general enrichment. Visit USI.edu/summer for the full listing of camps and registration information. Read More

Friday, June 22 – Sunday, June 24; Thursday, June 28– Sunday, July 1

New Harmony Theatre 2018 season to begin in June with Born Yesterday

The 2018 New Harmony Theatre season will open with the 1946 comedy Born Yesterday by Garson Kanin, running June 22-24 and June 28-July 1. Tickets are on sale now, and season tickets may be purchased through opening night. All evening performances start at 7:30 p.m. and matinees begin at 2 p.m. Individual adult tickets are $30. Discounted tickets are available for students, seniors, and groups. Season tickets are $72 for adults, $66 for seniors (60 and over) and $30 for those age 25 and younger. All performances take place at the historic Murphy Auditorium, 419 Tavern Street in New Harmony, Indiana. Read More

 

Wednesday, August 8 – Friday, August 10; Early registration ends Friday, July 27

Early registration deadline nears for Mid-America Institute on Aging and Wellness

The University of Southern Indiana and SWIRCA and More, the local agency on aging, will present the 11th annual Mid-America Institute on Aging and Wellness (MAIA) on the USI campus on August 9 and 10, with a pre-conference workshop on Alzheimer’s disease and dementia care scheduled for August 8. The conference this year will feature four public keynote speakers: Teepa Snow, MS, OTR/L, FAOTA; Ashton Applewhite; Jeff Speck, AICP, CNU-A, LEED-AP; and Bill Thomas, MD. The deadline for a reduced registration fee is Friday, July 27. After that date, the rate increases for the pre-conference workshop and one- and two-day registrations. There is a discounted rate for students and retirees. More information about registering is online at USI.edu/maia or by calling 812-464-1989. Read More