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“READERS FORUM” MARCH 31, 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 its time to look for ways to retrieve drinking water other than from the Ohio River?

Please take time and read our articles entitled “Statehouse Files, Channel 44 News, Daily Devotions, Law enforcement, Readers Poll, Birthdays, Hot Jobs, and Local Sports.

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New CBD Oil Law Clarifies Murky Regulations

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By Abrahm Hurt

TheStatehouseFile.com

INDIANAPOLIS —After living with diabetes for 51 years, Dr. Pamela Reilly has been able to lower her insulin levels by 45 percent.

She used CBD oil—also known as cannabidiol—to make that change.

Reilly, a naturopathic physician who started the Good Works Wellness Research in Fishers, has seen the impact that CBD oil has had on her own life and her clients. That is why she supported legislation that legalizes the sale of a low-THC cannabis extract.

Last week, Gov. Eric Holcomb signed into law Senate Enrolled Act 52, which allows all Hoosiers to buy and use CBD oil that contains less than .3 percent THC, the substance that gives marijuana users a high.

“The bill that the legislature passed is exactly the bill that I asked for at the very outset,” Holcomb said. “I wanted to make sure we knew the levels. I wanted to make sure we had labeling and that the folks that needed this had access to it and they do.”

CBD oil is now legal for all to use in Indiana. Photo by Abrahm Hurt, TheStatehouseFile.com

Reilly said she is hopeful the new law will eliminate the confusion and misrepresentation of CBD oil.

“What I love about Senate Bill 52 is that there’s now no question about whether it’s legal or not,” Reilly said. “And there shouldn’t have been before, but multiple media stations misreported. They didn’t do adequate research, and that created a huge amount of confusion.”

Part of the confusion came from Indiana Attorney General Curtis Hill. In November, he released an official opinion declaring that under state law, CBD oil was illegal in Indiana. He followed up with a column published Dec. 14 in The Indianapolis Star.

“There is no doubt, as a matter of legal interpretation, that products or substances containing cannabidiol remain unlawful in Indiana as well as under federal law,” he wrote in the column.

Kristen Williams, digital director of communications for Hill, said the attorney general’s position on CBD oil as expressed in his op-ed still stands today. His office declined to provide his response to the new law.

Confusion about the legality of CBD oil usage began during the 2017 session after legislators approved limited use of the product by patients with epilepsy. That action led lawmakers to clarify the law during the 2018 session.

Sen. Michael Young, R-Indianapolis, said he authored the bill because people have benefitted from using CBD oil to treat a variety of problems like epilepsy, cancer, and anxiety.

Sen. Michael Young, R-Indianapolis. Photo by Quinn Fitzgerald, TheStatehouseFile.com

“Since we are limiting how much THC can be in the product, there is no risk for people to use this to get high,” he said in a statement after the bill passed the Senate. “My hope with this bill is that more Hoosiers will be able to use this product to treat their ailments.”

Reilly said she has seen her patients benefit from the use of cannabidiol and in some cases the changes in health are dramatic.

“I truly see miracles every single day,” Reilly said. “I have clients that have been able to work with their doctor to get off medications. I have children with ADD and ADHD that are now doing fine in school. I can just go on and on and on.”

The new law requires manufacturers to have each batch of the product tested in order to ensure it has less than .3 percent THC. It also mandates that products sold in Indiana to have a QR code on the label linking it to a document containing information on the batch, such as the ingredients and the name of the company that manufactured the ingredients.

Retailers have until July 1 to make sure all CBD products they’re selling meet the new labeling requirements.

However, there are still concerns about the oil’s legality even with the recent legislation’s passage. Sen. Aaron Freeman, R-Indianapolis, said he opposed the bill because it’s illegal under federal code.

“I don’t have a concern about anything with the products,” he said. “My concern is that the federal government has listed them as a Schedule 1 narcotic drug. It is illegal to possess under federal law and pharmacists cannot dispense it legally.”

Rep. Matt Pierce, D-Bloomington, supported the bill but said the new requirements for regulating the substance and even more may be done with the legislation for the third, consecutive legislative session.

“I think we’re going to have to come back and fix this next year, but we’ve got to at least get it legal,” he said on the House floor.

Reilly said she did not believe the new packaging and labeling requirements would hurt businesses that sell CBD oil because it’s a one-time change.

“Once they walk through that process, it will be business as usual. They have enough time to do that, so it’s not cumbersome,” she said. “Is it convenient? No, but I don’t feel like it’s a big deal.”

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

BOTH REPUBLICANS AND DEMOCRATS RUNNING AGAINST THEIR LEADERS

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By Carl Golden

In a growing sign that traditional party identification and loyalty are weakening under the stress of internal ideological and strategic conflict, this year’s mid-term Congressional candidates are being advised to utilize opposition to their party leadership as a central campaign theme.

The ties that have historically bound Republicans and Democrats to their respective parties have frayed badly and, in some cases, unraveled altogether, replaced by a strategy rooted in personality and style.

The late House Speaker Tip O’Neill’s trenchant observation – “All politics is local” – has morphed into “All politics is personal.”

Republicans are being counseled to avoid close association with President Donald Trump while Democrats see the benefit in distancing themselves from their House Minority Leader Nancy Pelosi.

Democrats around the country took notice when one of their own, Conor Lamb, won a special election in a southwestern Pennsylvania congressional district carried by Trump by nearly 20 points by breaking with party orthodoxy on gun control and abortion rights, for instance, and promising he would not support Pelosi for Speaker should Democrats regain control of the House.

The decision by more than 20 House Republicans to retire rather than seek re-election was interpreted as a warning that Trump had become serious – perhaps fatal – drag on their re-election hopes.

Democrats are also preoccupied with a debilitating struggle over the party’s future, attempting to mollify its strident progressive wing who argue the party has lost its philosophical bearings while keeping its more centrist moderate faction calm and united.

Pelosi stands between the jaws of this slowly closing ideological vise, absorbing criticism from both sides and fending off their demands by concentrating attention on Trump and the Republican Congress.

Republicans confront their own demons as they attempt to chart a course between touting the federal tax cut legislation and an expanding economy and job market and explaining an Administration beset by turmoil and chaos.

Trump and Pelosi have become evil twins, campaign flashpoints who arouse emotional responses blotting out efforts to drive a coherent, credible message to voters.

Even in an occupation in which hyperbole and exaggeration have become the norm, Trump and Pelosi have raised the bar.

The president has spent nearly his entire time in office tweeting demonstrably false, over-the-top commentary while Pelosi has delivered such cringe-worthy comments as warning that the tax reform/tax cut legislation would lead to Armageddon and the end of western civilization.

She followed by cementing her reputation as out of touch by characterizing $1,000 bonuses awarded to millions of American workers as “crumbs.”Presumably, the condescension and hypocrisy of her remark never occurred to her.

Her San Francisco style liberalism grates on Democrats running in suddenly competitive congressional districts and who rightly fear their association with her and her snobbery will sink their chances.

The party was not helped, either, by the recent diatribe from Hillary Clinton who, on a trip to India, attributed her loss to Trump to the backward bigoted people who inhabit that swath of the country between the Northeast and the West Coast.

Whether Pelosi shares Clinton’s rationale is irrelevant.Both represent the party leadership and are responsible for its tone, direction, and future.Insulting millions of voters they desperately need if their hopes of a Congressional majority are to be fulfilled is hardly a brilliant strategy.

Republicans fear being singed by the flames of uproar and turbulence which have beset the White House from the outset.

The executive office seems in need of revolving doors to deal with staff upheavals, resignations, and firings.The President routinely laces into members of his cabinet and advisers, tossing out hints of even more changes to come in an Administration which has established a dubious record for a turnover.

Moreover, the special counsel investigation into allegations of collusion between the Trump campaign and Russian agents drags on, as does the soap opera of the President’s alleged dalliance with a porn film actress more than 10 years ago.

It is small wonder that congressional candidates are ditching their party affiliations, breaking with leadership and establishing their own identities.

It’s unlikely the current environment will reach a point at which the traditional two-party system dissolves, opening a path for new political forces or viable third-party candidates.

It is, however, a clear indication that, at a time when the American people are fed up with posturing and frustrated at a lack of progress, neither party can continue to rely on unwavering loyalty.

FOOTNOTE: This article was posted by the City-County Observer without opinion, bias nor editing.

THE PLANETS ALIGN By Jim Redwine

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GAVEL GAMUT By Jim Redwine

THE PLANETS ALIGN

Posey County’s new jail and historic courthouse can now be connected to provide better and cheaper service to citizens. Sheriff Oeth may already have funds in the new jail budget to provide video conferencing between the jail and the courts. Sheriff Oeth and both Posey County judges have long been in favor of video conferencing. Perhaps this important public service can soon be in operation.

The benefits are many and the cost is low. Savings of transportation costs and deputy time along with greatly enhanced security for the public are within reach. And since most of the persons lodged in our jail are awaiting court disposition and, therefore, presumed by law to be innocent, public humiliation experienced from orange jumpsuits, handcuffs, leg shackles and armed guards can be reduced. And while most cases where video conferencing can enhance justice will be local jail to courthouse matters, we have numerous matters where inmates in state and federal prisons could appear electronically and we sometimes could save a great deal of expert witness expense in both criminal and civil cases.

For the Sheriff’s Department to institute video conferencing another major need is a location at the courthouse. We now, with the requested assistance of the Posey County Board of Commissioners and County Council, are in the process of refurbishing a small courtroom in our 142-year-old courthouse for just such a purpose. The photographs included with this article show the courtroom backdrop which was first used in 1893 and furniture from the 1825 courthouse that has been in the possession of the City of Mt. Vernon since 1893. Mayor Bill Curtis and the Mt. Vernon City Council have graciously returned these historic items for county use.

A small courtroom on the first floor of our courthouse will open up numerous important possibilities for both public service and saving taxpayer funds. While I plan to concentrate on this newly modified space as a Magistrate’s Courtroom to ease the burdens and costs of family type cases, this revamped space can be used for conferences by attorneys, mediation, pre-trial conferences, weddings and extra seating when there is overflow in the courtroom on the second floor.

Okay, we are ready for next week and the devil in the details of a Magistrate’s Court. Hang in there with me and maybe we can all do some good.

For more Gavel Gamut articles go to www.jamesmredwine.com

1) Posey County Magistrate Courtroom Backdrop
2) Desk from 1825 Posey County Courthouse

THE FLANDERS AMENDMENT BY NEW-HARMONY GAZETTE

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THE FLANDERS AMENDMENT

by: Dan Barton, Publisher of the New-Harmony Gazette.

April 1, 2018

The Flanders Amendment to Chapter 17.52 of the Town Ordinances has been made into law. Now, no longer, after 200 years of continuous tradition, practice, precedent and Town Law can any business or building owner in the Historic District freely use their building’s first-floor storefront for residential use. The New Harmony Town Council passed the new restrictive amendment 3 – 1 at the March 2018 Council public meeting.

Not that first floor residences were ever commonly done or that it had become a trend for the future. I proved that point beyond a shadow of a doubt, but someone might be thinking about doing it and we can’t have that. The New Harmony Plan Commission identified two partially occupied first-floor storefronts or store backs being used. That’s two out of what Councilman David Flanders described at the Council Meeting as a District with 35 buildings.

This is the threat that had about a half dozen business people in that neighborhood up in arms and was determined to give up the right to use their property as they saw fit. Well, it’s done! No crying over spilled milk here. No crying in my beer. I and approximately four citizens of New Harmony lost the battle to preserve the old Chapter 17.52. No blaming the Rooskies. No right wing or left wing conspiracy. Just Democracy and a large touch of unfounded fear. Fear is not an uncommon characteristic in American politics and is often manipulated by politicians, as was in this case. That was the prime motivating factor in the passage of this new law. At the same time, there was no strong support to preserve the old ordinance either. Only four of us came to bat for holding on to the old Chapter 17. However there was enough support on the other side to abolish the 200-year-old tradition in New Harmony, and fear has won the day.

This is history and that’s why I decided to do this short epilogue. The Town Council voted as follows to adopt this new provision:

Town Council President Alvin Blaylock voted NO

Town Councilman David Flanders voted YES

Town Councilman Gary Watson voted YES

Town Councilwoman Virginia Voted YES

Town Councilman Roger Wade Voted ABSENT

Southern Indiana District Honors Pro Bono Attorneys

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Marilyn Odebdahl for www.theindianalawyer.com

As an environmental attorney, Tom Barnard had not represented a prison inmate and had never had a case involving the Eighth Amendment but when the Southern Indiana District Court called, recruiting pro bono counsel to help with a settlement hearing, he volunteered.

The partner at Taft Stettinius & Hollister LLP began digging into the case and unexpectedly discovered he had something in common with the client – both had had total knee replacements. In fact, the claims in the case arose from the replacement. While Barnard reviewed the law and combed through the stacks of medical records, he had a personal connection, knowing the kind of pain and suffering that leads to knee surgery.

However, the settlement negotiations faltered, and Barnard could have walked away.

“By then, I became invested and … there was no way I was going to leave our guy,” he said. “I’m not going to stop representing him. We’re in for the duration now.”

Barnard shared his story as part of the U.S. District Court for the Southern District of Indiana’s Fifth Annual Volunteer Appreciation Breakfasts. Judges of the Southern Indiana District and a couple dozen attorneys gathered on the third floor of the Birch Bayh Federal Building and U.S. Courthouse Friday to enjoy a buffet egg, fresh fruit and an assortment of sweet rolls.

Chief Judge Jane Magnus-Stinson thanked the attorneys for volunteering their time to help settle cases and help unrepresented litigants prepare their cases for trial.

“Allowing our litigants, particularly our prisoners, to have lawyers to talk to gives them a sense of being heard which is often lacking in their lives and then also (gives them) a dose of reality about the strength of their case or about the potential extent of their recovery,” Magnus-Stinson said. “I think that your service in those ways really does help us and advances justice.”

The Southern Indiana District is an overworked court. In 2017, the court recruited 120 attorneys to provide pro bono help for 70 cases. Much of the need for volunteers comes from the number of lawsuits filed with the court by inmates. The court had 1,317 prisoner petitions filed last year, up from 1,163 in 2016.

In addition, because of the high caseload, the Administrative Office of the U.S. Courts authorized the Southern Indiana District to hire two and half more staff attorneys.

Magnus-Stinson said the volunteer attorneys had helped settled claims involving Kosher diets, medical care, and excessive force. Also, they had assisted litigants with conducting discover, drafting responses to motions for summary judgment and participating in exhaustion hearings.

Stephanie J. Hahn, a solo practitioner, and Dan Bowman, of Fillenwarth Dennerline Groth & Towe LLP, talked about their experiences volunteering for the federal courts. Hahn worked on three cases of which two settled and Bowman helped a prisoner through a Pavey hearing.

Hahn said money was not the only reason litigants are coming into the courthouse without counsel.

“Folks are afraid of lawyers,” she said, noting clients have the misconception that attorneys care more about their colleagues and the courts. “I have to explain to them, I’m your lawyer, I’m your advocate, I’m here for you.”

Although Barnard’s case turned into something more than he expected, he said he is enjoying the work. He has since asked Tammara Porter, an associate at Taft, to help.

Porter had volunteered previously with another prisoner case in the Southern Indiana District and has extensive experience in the criminal justice system, from working in a criminal justice clinic in law school to serving in the public defender’s office.

She said she had learned these clients may have done bad things, but they are not bad people. The volunteer program has reminded her of that lesson.

“It’s been an opportunity to grow as a litigator but also just to give back and feel like you’re doing something good and worthwhile and meaningful,” Porter said.  “I’m always amazed that the little bit that I do, and (the clients) just think it’s the world.”

Construction Underway For Hyatt Place Hotel

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 A new hotel is coming to downtown Evansville. Construction is underway for the Hyatt Place Hotel after a groundbreaking at S.E. 2nd Street and Chestnut.

This hotel is a more than $18 million investment into the community. It will feature 139 rooms, new parking, an indoor pool, outside fire pit, and more.

Those involved with the project say the new hotel will bring a different feeling to the downtown area.

“This is an important entry street. A lot of people drive down 2nd into downtown. They’re going to see this new modern building as they’re moving into downtown coming in. It’s going to fit in relation to the historic buildings around it. It’s going to feel and look great.”

Project officials say the new hotel should be open for business in about 15 months.

Britney Taylor

Web Producer

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AG Curtis Hill will appeal decision denying recovery of funds allegedly misappropriated by Lake County school officials

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Attorney General Curtis Hill announced today his office will appeal a Lake County judge’s decision prohibiting the state from recovering funds overpaid to two former administrators in the Munster school district.

In 2016, the State Board of Accounts (SBOA) found that former Superintendent William Pfister and former Assistant Superintendent Richard Sopko, both now retired, received annuity payments during their tenure to which they were not entitled. The SBOA designated more than $841,000 as misappropriated — $463,922.75 of which went to Pfister and $377,475.28 of which went to Sopko.

A Lake County judge ordered that the state could not collect any damages that arose before May 23, 2012, opining that the statute of limitations had expired. However, Indiana law is clear that the statute of limitations begins running at the point the SBOA refers an audit to the Office of the Attorney General. In this case, such a referral occurred on June 8, 2016. The Office of the Attorney General filed its complaint on May 23, 2017, a date well within the statute of limitations.

“This ruling completely disregards the SBOA audit report process,” Attorney General Hill said. “Cases arising out of SBOA audits are especially important to the state because their purpose is to protect public funds. The state must always be able to recoup taxpayer dollars and root out fraud committed by public officials and employees. We must hold those who violate the law accountable, and we must ensure that those who take wrongful advantage of their positions of trust do not profit from ill-gotten gains.”