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Little confrontation at 7th Circuit nominees’ hearing

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MARILYN ODENDAHL FOR WWW.THEINDIANALAWYER.COM

Amy St. Eve and Michael Scudder, the two nominees for the 7th Circuit Court of Appeals, breezed through their confirmation hearing Wednesday, facing few pointed questions and not being called to defend any of their past actions.

In less than an hour, St. Eve and Scudder were introduced, made opening statements and fielded questions from the U.S. Senate Committee on the Judiciary. Many members of the committee were not at the hearing, including ranking member Sen. Dianne Feinstein, D-California.

St. Eve, a judge for the U.S. District Court for the Northern District of Illinois, and Scudder, a former counsel in the George W. Bush administration and current partner at Skadden Arps Slate Meagher & Flom LLP in Chicago, were nominated by President Donald Trump. If confirmed, they will replace two recently retired judges from the Chicago appellate court, Ann Claire Williams and Richard Posner, respectively.

Both Illinois Democratic Senators, Richard Durbin and Tammy Duckworth, introduced the nominees. They described St. Eve as a judge who is effective, thoughtful and respectful of everyone who comes into her court. They also praised Scudder’s extensive pro bono work, saying it demonstrated his commitment to the legal profession and to his community.

Sens. John Kennedy, R-Louisiana, and Mazie Hirono, D-Hawaii, asked about precedent and its application in court decisions. Acknowledging that precedent is not always, clear, St. Eve and Scudder said it does provide a guide or roadmap for making decisions in cases with the same or similar fact scenarios.

In response to questions from Sen. Mike Lee, R-Utah, St. Eve and Scudder offered much the same view regarding statutes. They said they would look to the plain meaning of the law and turn to legislative history only if the provision contained any ambiguity. Also, they maintained they would follow the law and, as Scudder said, let the “chips fall where they fall” even if the outcome made them personally uneasy.

“My job is not to make law,” St. Eve said. “My job is to apply the law. I have to apply the law as Congress made it.”

Answering an inquiry from Sen. Richard Blumenthal, D-Connecticut, St. Eve noted sometimes cases come before the courts that present a new issue for which there is no precedent. She pointed to a case she presided over in 2006, United States v. Salah, 03-cr-978 (N.D. Ill.) that was one of the first terrorism trials in the Northern Illinois District Court. To determine how to handle matters related to the Classified Information Procedures Act, St. Eve told the senator she looked to analogous statues.

St. Eve and Scudder also outlined what qualities they considered more admirable in a judge. Again, in response to Blumenthal, St. Eve said as a district court judge, she tried to keep an open mind and maintain control of her courtroom through civility. Scudder said good judges approach cases with an open mind, let every lawyer make his or her arguments and remain humble.

The nominees dodged a question from Hirono about how the Trump Administration is choosing candidates for the federal bench. The Senator said 70 percent of the nominees had been picked by either the Federalist Society or the Heritage Foundation, and she asked St. Eve and Scudder what they thought of the outsourcing the selection of judicial nominees.

St. Eve and Scudder declined to answer, saying it would be inappropriate for either of them to comment on the process for choosing federal judges.

In his first question to St. Eve, Durbin asked about the trial she presided over that involved Donald Trump when he was still a real estate developer. Jacqueline Goldberg sued the Trump organization after it changed a purchase agreement she had already signed when she bought two condominiums in the Trump International Hotel and Tower in Chicago. The case, Goldberg v. 401 North Wabash Venture LLC, 09-cv-6455 (N.D.Ill.), ended with a favorable verdict and ruling for the defendant.

Afterward, Durbin said, Trump tweeted he was pleased with the outcome. St. Eve noted one of her court employees had told her that, but she, herself did not see the future President’s message.

“I don’t follow tweets,” she said.

USI Softball headed north for four games

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University of Southern Indiana Softball begins a four-game road trip Saturday at noon when it travels to Somers, Wisconsin, to take on the University of Wisconsin-Parkside in a Great Lakes Valley Conference doubleheader.

The Screaming Eagles (14-9, 3-1 GLVC), who are receiving votes outside the latest NFCA Top 25 Coaches’ Poll, conclude the four-game road trip Sunday at 11 a.m. (CDT) when they visit the No. 12 University of Indianapolis for a conference doubleheader.

Live stats and GLVC Sports Network coverage for both doubleheaders can be accessed at GoUSIEagles.com. GLVCSN coverage for Saturday’s contests is dependent upon weather.

GUNS AND PUPPIES

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Evansville Cornhole & Craft Beer Festival March 22-24

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Join us for the Launch Party hosted by Carson’s Brewery on Thursday, March 22 at 7pm! Enjoy craft beer from one of Indiana’s finest brewers, meet nationally ranked players, and indulge in free games and prizes as we kick-off this full weekend of fun! Plus, Carson’s Brewery will be offering FREE ACO Membership, valued at $25, when you register to play during the Launch Party.
  • Thursday 7 pm Launch Party @ Carson’s Brewery
  • Friday 2:00 pm-10:00 pm Tournament @ Old National Events Plaza
  • Saturday 8:30 am-2:00 pm and 2:00pm-10:00pm Tournaments @ Old National Events Plaza

JUST IN: ECHO Board of Directors Refused To File Report With The Evansville Police Department

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ECHO Board of Directors Refused To File A Police Report With The Evansville Police Department

Since the allegations of misuse of ECHO funds first came to the attention of the Evansville Police Department, we have spoken with members of the ECHO Board of Directors on several occasions. During those conversations, we requested the ECHO Board of Directors have a representative file a police report. That action would be needed if a criminal investigation into the allegations is being sought. Despite the repeated request, the ECHO Board of Directors has refused to file a report with the Evansville Police Department.

Earlier today, the ECHO Interim Executive Director contacted a member of the Board of Directors and petitioned them to file a report and allow the Evansville Police Department to be a part of the investigation into the misuse of ECHO funds. That request was denied.

As a non-profit 501 3 (c) entity, the ECHO Board has complete control over the decision to exclude the Evansville Police Department from this situation. As of this afternoon, the Board’s decision to exclude the Evansville Police Department has not changed.

Due to the serious nature of the allegations and the fact that ECHO receives federal funds provided by the U.S. Department of Housing and Urban Development, the Evansville Police Department contacted the HUD Inspector General’s Office in Indianapolis. At this time, it is unknown if any HUD money was misused.

FOOTNOTE: This news release was submitted to the CCO by Jason Cullum, Lieutenant and Communications Director of the EPD.

We recommend that you also go to the Evansville Courier and Press online site to get additional information on this developing story.

Gray leads Aces at Bobby Nichols Intercollegiate

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The University of Evansville men’s golf team finished 12th at the Bobby Nichols Intercollegiate at Sevierville Golf Club in Sevierville, Tenn.

Evansville recorded a 307 on the final day of competition of the intercollegiate as the Purple Aces finished the tournament with a total of 892 (293 – 292 – 307). Eastern Kentucky won the team championship in the intercollegiate with a team score of 850 (287 – 277 – 286) securing the win by just a single stroke over Carson-Newman.

Tyler Gray led the Aces with a three-round total of 215 (71 – 69 – 75) as Gray finished in a tie for 10th. The senior carded a final-round 75, finishing just 12 strokes off the pace set by the individual medalist. Matthew Ladd followed Gray with a total of 224 (75 – 70 – 79) as Ladd finished the intercollegiate in a tie for 42nd.

Finishing just a stroke behind Ladd was Noah Reese who remained consistent with a final-round 75 to give Reese a total of 225 (74 – 76 – 75) as the junior concluded the tournament in a tie for 45th.

Competing as an individual, Jessie Brumley was the fourth-lowest Aces in the intercollegiate. Brumley tallied a three-round total of 228 (77 – 74 – 77), wrapping-up competition in 53rd.

In a tie for 61st, Spencer Wagner recorded an 81 in the third round for a total of 231 (73 – 77 – 81) while Cameron Weyer was much like Reese in the intercollegiate, staying consistent throughout all three rounds, finishing in a tie for 68th with a three-day total of 234 (77 – 79 – 78).

The Aces take a week off from competition before getting back on the course on March 31 and April 1 at the D.A. Weibring Invitational in Normal, Ill.

EPD ACTIVITY REPORT

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EPD REPORT

VANDERBURGH COUNTY RECENT BOOKING RECORDS

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

IS IT TRUE MARCH 21, 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?

IS IT TRUE just like the City-County Observer predicted in February, the building that the Courier Press has owned and occupied since 1990 has been sold to a New York-based real estate investor?…Twenty Lake Holdings purchased the newspaper building at 300 E. Walnut St. for $1.58 million on March 8, and The Courier Press will remain a tenant in the building they owned for nearly three decades?…Three Lake Holdings has been buying up properties owned by struggling newspapers for less than true value and the CP building is no exception? …to see an extremely nice office building that served as the center of operations for a major newspaper sell this cheap is shocking?…the CP building is a comp for downtown Evansville and the valuation of other properties based on this sale will be pathetic compared to what it costs to build?  …we encourage you to continue to support the Evansville Courier and Press printed publication?  …we also recommend that you read the Courier and Press online publication because it to is a good read?”

IS IT TRUE that yet another Evansville based non-profit is being faced with an alleged misappropriation of funds by its Executive Director?…this time it is ECHO Housing that has discovered that some personal expenses were paid with a non-profit check?…this is a tragic thing that has happened over and over for at least the last 15 years?…in this case the Executive Director enjoyed a stellar reputation and had been a finalists for the highly respected Athena Award?…we hope this all works out and that fiduciary responsibility prevails?…the often overlooked reality in cases where employee theft is alleged is that the boards of directors are responsible for oversight of non-profit spending?…it is that fiduciary responsibility that fails time and time again in River City at the board level that keeps these kinds of things happening?

IS IT TRUE we tried to find a list of the current ECHO Housing Board of Directors to no avail?  …does anyone know who is the current ECHO Housing Board Of Directors? …does anyone know who is the current Treasurer of the ECHO Housing agency?

IS IT TRUE it was recently reported by the Courier and Press that the former Executive Director of ECHO Housing Stephanie TenBarge used funds from the agency to pay her personal property taxes? ..ECHO Housing attorney Scott Wylie told the Courier and Press that the former Executive Director Stephanie TenBarge used ECHO funds to pay her personal property taxes?  …it was reported that TenBarge used ECHO money to pay the taxes for three (3) of her personal properties in November 2017, May 2017 and November 2016?

IS IT TRUE that ECHO attorney Scott Wylie told the Courier and Press that “all donor funds that have come to ECHO Housing have been accounted for”?  …we wonder if ECHO Housing attorney Wylie had an official Forensic Audit done by an independent CPA firm to back up his statement? …we wonder if attorney Scott Wylie alleged financial review statement included income and expenses of the 66 rental houses owned by ECHO Housing?  …we also wonder if his alleged financial review also included the Homeless Veterans housing unit and the Corporate office building repairs costs, insurance costs, property taxes, utility costs and bank payments? …we would hope that Mr. Wylie financial review also addressed business entertainment expenses, petty cash accounts, employees payroll and travel vouchers of the former Executive Director and ECHO Housing staff during the last several years?

IS IT TRUE that the Director of Evansville DMD, Kelly Courses told the Evansville Courier and Press that “ECHO Housing is an important partner for the Department of Metropolitan Development?” …Courses also stated that  “We’re going to continue without missing a beat. We’re going to support ECHO just the same as we always have?” …that Mr. Courses  also told the Courier and Press that “We combed through all of our grant programs and all the money that we run through ECHO, “We are 100 percent confident that ECHO used all our fund’s property?”

IS IT TRUE we find it interesting that Mr. Coures also told the Courier and Press “that he did not know what funding source TenBarge used to pay her personal property taxes?”  …we got the gut feeling that the Director of Evansville DMD, Kelly Courses knows more about this situation than he’s willing to talk about?

IS IT TRUE the City-County Observer respectfully request that either the ECHO Housing attorney or members of the ECHO Board of Directors immediately file a police report concerning the alleged misappropriation of agency funds? …when they do this it will allow the Indiana State Police to conduct a full investigation? …we feel if someone misappropriates money once they have the capacity to do again?…if the ECHO Housing authorities don’t, we respectfully suggest that members of the Evansville City Council do so?

IS IT TRUE we are told that many people want the Indiana State Police to conduct the investigation because they are independent of local control?  …if any alleged misappropriations of the ECHO agency funds for personal use turn out to be true the Indiana State Police should give this information to the Vanderburgh County Prosecutor and the US Attorney’s office so they can determine if criminal charges are warranted?

IS IT TRUE in a stunningly mind-numbing move, the Evansville City Council has discussed passing a limit to the number of terms that one can serve on the City Council and VOTE IT DOWN?…term limits are extremely popular with the taxpayers but the majority members (5) of this group of self-serving elected officials have essentially attempted to vote themselves the possibility of being “Council Members for Life’?…given the contempt these five (5) City Council members have shown to the taxpayers they may feel that it  might be time to replace the Council members that voted against term limits at the next election in 2019?

Todays “Readers Poll” question is: Do you feel that a police report should have been filed concerning the misappropriation of ECHO Housing funds in order to allow the Indiana State Police to conduct a full investigation?

Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS”.  You now are able to subscribe to get the CCO daily.

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

Marriage License Report

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Marriage License Report

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