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Willis Takes First Administrative Lead Role In State’s Judiciary
DAVE STAFFORD FOR WWW.THEINDIANALAWYER.COM
Mary Willis is known in the Indiana judiciary for going beyond the day-to-day duties of a trial court judge — a mover and shaker who seemed a natural choice for the newly created position of chief administrative officer for the Indiana Supreme Court.
“I don’t think there’s any judge throughout the state, any judicial officer throughout the state, who doesn’t know of her,†said Lake Superior Judge John Pera, who preceded Willis as president of the Indiana Judges Association. “She certainly is no wallflower, and she’s an excellent choice for that job. … She has a fierce dedication to enhancing the judiciary in everything she does.â€
Willis’ reputation of helping Indiana’s trial courts led to her selection from 68 candidates — including judges, state court leaders, executive administrators and seasoned lawyers nationwide — who applied for the CAO position. The 13-year Henry Circuit judge began in the new position July 23, and while her duties are still in the formative stage, she said the need for a new governance structure is clear as the entities reporting to the court have grown.
“There are 200 people who would like the Supreme Court justices’ attention to answer questions, so there needs to be a system to make decisions and bring to them the policy decisions that they need to make, and then a structure to implement them,†Willis said. The court is working with the National Center for State Courts to develop a governance structure for Indiana’s court administration, and Willis said other states are watching.
“The goals are to have a structure that all the staff is comfortable with, needs are being met, we’re responsive top to bottom, and that we have a good line of communication with the trial court bench and the bar,†Willis said. She said the new role could be viewed as a chief of staff for the Supreme Court, and the new governance structure may resemble a corporate model that delineates protocols, chains of command, and duties and responsibilities.
New Castle attorney R. Scott Hayes, of Hayes Copenhaver Crider Harvey LLP, said Willis has been helpful with members of the bar in Henry County. “She has taken the time and trouble to make us aware of new developments … as they arise with technology and rules changes and things like that,†he said.
‘A good fit’
Chief Justice Loretta H. Rush praised Willis as a tremendous leader committed to improving the courts. “Appointing her to work for the Indiana Supreme Court means her legal and administrative expertise will have a positive impact on the entire judiciary. She is respected by her peers and many of our court staff have previously worked with her on initiatives — they too welcome her arrival.â€
Willis said the parts of being a judge she most loved were the administrative pieces, and that’s where she believes her skill set was strongest.
“The planning for the future, the organizing of new pilots and programs, and being on the national stage and moving Indiana forward have been some of my favorite parts of the job,†Willis said. The CAO position “seemed to be a good fit for me.â€
She’s led the Indiana Judges Association and the Indiana Council of Juvenile and Family Court Judges, and served on numerous committees. For years, she’s also offered pre-bench orientation for newly elected judges, preparing them for what to expect, getting to know their strengths, and finding ways to compensate for weaknesses.
“You build a lot of connections with judges in that relationship because they feel comfortable then coming to talk with you and asking questions. … If a new judge hasn’t done a murder case, I’ve got four judges for them to talk to who are more than generous to share a form order, or procedural ideas, or ways to have a best practice,†she said. “I feel very privileged to have earned those relationships.â€
Likewise, Willis has cultivated relationships in state court administration. “I’m lucky there are a lot of great people that already work here,†she said.
Ties that bindÂ
Hayes has known Willis since she was in private practice, before she was appointed as a court commissioner in Henry County 19 years ago. “She’s a strong judge,†he said, adding Willis and her husband, Todd, who have two children, “are good parents, good family people. She’s the kind of person you’re proud to point to as your circuit court judge.â€
“I’m going to miss her a lot,†Hayes said. “I’ve got tons of respect for her.â€
Willis’ devotion to family can be seen in her cousin, Molly Martin, a deputy prosecutor in Zanesville, Ohio. In January of 2013, Martin was in desperate need of a liver transplant, but she had been rejecting Willis’ standing offer to donate a lobe of her liver to save her cousin’s life.
“I thought, she’s got children, and I didn’t want to put her through this, but my condition continued to get worse, and we finally decided to do that,†said Martin, herself a mother of two young daughters. “It’s amazing, and she’s amazing. … I’m doing great.â€
Martin said Willis “is turning into the matriarch of the family,†keeping the family history, hosting Thanksgiving dinner each year, and setting an example personally and professionally. “She’s a great mom, a great wife, and a great cousin,†Martin said.
Reweighing caseloadsÂ
As Willis’ duties are defined and a new organizational structure develops for state court administration, the NCSC is also undertaking the first weighted caseload study of Indiana trial courts since 2009. Willis said judges collected case data in October 2015 that will help pinpoint needs around the state. This new information will reflect societal changes, effects of the revised criminal code, and how changes in court practices have altered the time judges spend on particular matters.
The NCSC said 99 percent of Indiana judicial officers provided data for the study. Nine focus groups also were conducted with Indiana judicial officers to provide qualitative data to supplement the study’s findings, according to the NCSC.
“There is a need for additional judicial officers throughout the state, but that’s not a surprise,†Willis said. “This is an opportunity to come up with some creative ways of addressing that need.†The new study should be released in about a month, she said.
Willis will be tasked with overseeing numerous projects, but she said the court hasn’t emphasized particular projects or initiatives demanding immediate attention. She expects a big part of her job will be reaching out to judicial officers and members of the bar to help on projects or pilots.
“They’ve not hung up on me yet,†she said.•
 The Evansville Otters take game one of the three game series nine to two against the Normal CornBelters. The Otters offense exploded for 15 hits on the night.
Preston Olson started on the mound for the Otters and had a strong outing. Olson moved to six and three on the year with the win. Olson pitched for nine innings and allowed two runs on six hits. Chris Carmain was on the rubber for the CornBelters and moved to seven and seven after the loss. Carmain pitched for five innings allowing three runs on eight hits.
The CornBelters put the first run on the board when Ty Morris smacked a solo home run deep over the right field wall. The Otters finally respond to take the lead from the CornBelters in the fifth, three to one. Rolando Gomez would bring home Julio Rodriguez with an RBI-single. Josh Allen then knocked in Gomez with his double and John Schultz brought in Allen with a single.
The Otters would go on to extend the lead six to one in the sixth. Christopher Riopedre hit a double to bring home Rodriguez. Allen would go on to hit a double to knock in Gomez and Riopedre. In the seventh, Rodriguez would earn his third hit on the night to bring home Nik Balog and Chris Breen. In the eighth, the Otters scored one more run when Breen hit a sac-fly into center field to bring Allen. The CornBelters added one run in the ninth when Dillon Haupt hit a solo home run.
The Otters (48-36) will play the CornBelters (42-42) Wednesday, August 24 in game two. First pitch is at 6:35pm at Bosse Field. Tickets available at www.evansvilleotters.com or by phone at 812-435-8686 ext. 21.
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“IS IT TRUE†will be posted on this coming Thursday or Friday.
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People Voice Concerns on Body Camera Footage Fee Increase
AUGUST 24, 2016 EVANSVILLE, INDIANA
The Coalition of Inner City Neighborhoods hosted the forum Tuesday.
EPD’s increased fee comes after House Enrolled Act 1019 took effect July first.
Police say, it puts a financial burden on an agency that wants to continue to use body camera footage.
While many agree the new law is a positive, many are concerned with the $150 dollar fee.
“For copies of film and stuff to $150 is ludicrous,†said Fred Cook, COIN CEO. “We’re in the low income area, people are working for minimum wage it ain’t no way in the world they can fit 150 dollars into their income.â€
Cook says he plans to take the concerns addressed to police and work with them to find a solution.
Indiana Gubernatorial Debate Planned for September
The first one will be held in Indianapolis September 27th.
That debate will take place at Lawrence North High School, the day after the first scheduled presidential debate.
Republican Lieutenant Governor Eric Holcomb, Democrat John Gregg and Libertarian Rex Bell have all expressed interest in participating.
This debate will be held during the school day in a town-hall style format, with high school students, teachers and administrators in the audience.
The two other gubernatorial debates will be in October and will be broadcast live in the evening on TV.
There are no details or firm dates for those debates yet.
Scammers Targeting College Students
AUGUST 24, 2016 EVANSVILLE, INDIANA
44News Reporter Heather Good reports below.
For more information visit bbb.org/Evansville
                       BIZARRE SIMILARITIES BETWEEN TRUMP AND CLINTON
                                  Raging Moderate by Will Durst
Our quadrennial presidential sweepstakes regularly provides textbook studies in contrast. And 2016 raises the bar in disparity. Red and blue. Left and right. Hot and cold. Up and down. Good and bad. Boy and girl. Pro and con. Loud and soft. Rain or shine. Fish and fowl. Dumb and dumber.
Perhaps the only fact that supporters of both major party candidates can agree is that differences between the two do exist. Donald Trump is a Gemini and Hillary Clinton a Scorpio. He’s 70 years old while she doesn’t turn 69 until October. And that relative youth obviously goes a long way in explaining why Millennials overwhelmingly favor her.
One is a democrat and the other a demagogue. One is a woman who has big hands and the other isn’t and doesn’t. And as Michael Bloomberg put it, one of them is not insane.
But this is America, damn it, where yeah, sure, we acknowledge our differences. After all, each and every one of us is special and unique like a baby snowflake. But this is a country that also embraces that which binds us together, and the number of bizarre similarities the Donald and the Hillary share is uncanny.
Well, they’re not quite mirror images, but considering one is a 5′ 6″ career politician and one is a 6′ 2″ reality TV star, there are enough peas- in- a- pod resemblances to call out the doppelganger police. Although best you ring the business office, not the emergency number.
For instance: both are Americans who live in New York, are right- handed and sport bullet- proof hair. Both treat the truth with a disdain normally reserved for Zika- infested mosquito ponds and have spouses that are beloved enablers of the tabloids. Each has five fingers on their left and right hands and should you have occasion to shake hands with either, you would be well advised to count your fingers before walking away.
Both have running mates that were they to assume the Presidency, the nation would nod off within a week. Each has the same connection to regular humans as a Lear Jet has in common with Comet kitchen cleanser. Neither can believe they are not leading the other by at least 25 points in the polls and collectively they exhibit the grace of 40- grit sandpaper with neither having the faintest notion of when to put a sock in it.
Both have unfavorable ratings higher than guard geese downwind of a marijuana field on fire. Each is fond of mangling the English language while wearing a name- brand suit. Neither is a billionaire and both are still picking the splintered bones of vanquished primary opponents from between their toes.
Both have been a pointy mote in the public eye for decades and are prone to making themselves incredibly easy targets of late night comedians. And each has problems with the new technology; one is stymied by emails, the other- addicted to tweets.
And finally, each candidate is adamant that if the other is elected on November 8th it will be a disaster not just for the nation, but the hemisphere, the planet, the solar system and the universe. And the two have united millions who believe that on this issue they both may be right.
Justices: Refusal To Submit To Chemical Test Depends On Circumstances Of Case
Jennifer Nelson for www.theindianalawyer.com
The Indiana Supreme Court declined to go as far as one Court of Appeals judge did in declaring that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.†In affirming the administrative suspension of a woman’s driver’s license, the justices concluded that whether someone refuses to submit to a chemical test depends on the circumstances of each case.
Kristy Burnell was pulled over by Carmel Police officer David Kinyon in July 2014 after she ran a stop sign and made an improper turn. During the traffic stop, the officer believed Burnell was intoxicated so he administered three field sobriety tests, which she failed. He then asked her if she would consent to taking a chemical test and if she did not, her license would be suspended for one year, two if she had a previous OWI conviction.
Burnell told the officer she had a previous OWI conviction in Florida and repeatedly asked to speak to her uncle, who is a police officer. Kinyon kept asking if she was going to consent, to which she eventually said, “Well if I refuse, I’m going to jail either way. So, yeah, I guess I gotta can take it.â€
Later, she attempted to walk away twice from the officers, resulting in her being handcuffed.
Burnell sought judicial review of the license suspension, which the trial court affirmed. So did the Indiana Court of Appeals in a divided opinion with each judge writing separately. Judge Rudolph Pyle wrote the lead opinion, in which the court held there needed to be an unqualified, unequivocal assent to the chemical test or else one has refused the test.
Burnell cited several cases to support her argument that her behavior showed she didn’t refuse to consent to the test, but “the tie binding these cases together is that even without saying ‘no’ or “I refuse’ a refusal nonetheless may be established on the basis of conduct alone if the motorist has clearly been asked to take a test,†Justice Robert Rucker wrote for the unanimous court.
But the justices also don’t embrace Pyle’s proposition, finding it could be problematic if a motorist doesn’t speak or understand the language or has a non-alcohol-related auditory impairment such that she doesn’t hear the officer.
“Instead we think it more appropriate to adopt an approach that takes into consideration the facts and circumstances of each case. Hence, we hold a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test,†he wrote.
Here, Burnell had the burden to show she did not refuse to take the test and she failed to carry that burden based on the evidence presented. The case is Kristy Burnell v. State of Indiana, 29S02-1512-CR-707.
The work of local artists David and Barbara Rodenberg will be featured in an exhibit titled Rodenberg & Rodenberg from September 12 to October 22 in the Melvin Peterson Gallery at the University of Evansville. There will be a reception for the artists on Thursday, September 22, at 6:30 p.m. at the gallery.
David Rodenberg is a sculptor, potter, art educator, and UE graduate. His clay sculptures and functional work has won numerous awards in competitive shows for 41 years. His work can be seen in many collections in the US and abroad and has been included in shows in New Zealand and Germany. It has also been featured in a traveling exhibit that toured France, Germany, Belgium, and the Netherlands.
Barbara Rodenberg is a mixed media collage artist and writer. Her elegant collages are made of scraps of metal, old machine parts, road maps, old books and handmade paper. She has exhibited her work in the Evansville area since 2009.
The Melvin Peterson Gallery is located on the corner of Lincoln Avenue and Weinbach Avenue. Gallery hours are: Monday, Tuesday, Friday, and Saturday from noon-3:00 p.m., and Wednesday and Thursday from noon-6:00 p.m.
For more information, please call the UE Department of Art at 812-488-2043.