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Supreme Court declines to rule on legislative emails case

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Scott Roberts for wwww.theindianalawyer.com

The Indiana Supreme Court on Tuesday affirmed dismissal of a case where the Energy and Policy Institute requested copies of correspondences from state Rep. Eric Koch under the Indiana Access to Public Records Act. The court said while APRA can be applied to the General Assembly, the specific issue of whether Koch’s emails are exempt from disclosure in this case under the work product exemption is non-justiciable.

The institute requested the information, including emails, scheduling records and text messages, three times from Koch, and was denied each time. The institute sought correspondences with utility company officials over solar power legislation Koch sponsored. Indiana Public Access Counselor Luke Britt issued two opinions in the case, both of which said the Legislature did not have to disclose the documents. The institute, along with the Citizens Action Coalition of Indiana and Common Cause of Indiana, then filed a complaint in Marion Superior Court. The defendants filed a motion to dismiss for lack of justiciability, which was granted by the trial court. The decision was appealed to the Supreme Court under Indiana Appellate Rule 56(A).

In the opinion written by Justice Steven David, the court said it was wrong that the trial court dismissed the case for lack of jurisdiction, because the question is not if the court can exercise its jurisdiction, but should the court exercise its jurisdiction. David said the Supreme Court can exercise its jurisdiction in this case because it has jurisdiction over all cases it grants transfer to, but it has chosen not to rule on the matter.

David said separation of the executive, judicial and legislative branches of government is very important, and the court will not tread on another’s turf. In deciding this case, the Supreme Court would have to define what a work product is in the Indiana General Assembly in order to rule on this case under APRA, and the court will not define that for the General Assembly.

“The General Assembly itself carries out those powers delegated to the legislative branch under Article 4, Section 16. Consequently, only the General Assembly can properly define what work product may be produced while engaging in its constitutionally provided duties,” David wrote. “Thus, defining work product falls squarely within a ‘core legislative function.’”

Justice Robert Rucker concurred that the APRA is fully applicable to the Legislature but said the court should remand the case to the trial court because the record is incomplete.

“In essence my colleagues have offered an advisory opinion and made a pre-emptive strike on a matter that deserves further record development,” Rucker wrote.

Rucker said the court should have addressed the merits of the work product exemption, and the defendants themselves never claimed the work product exemption.

“Absent evidence the legislature has deemed the specific documents Plaintiffs request, it is plain to me Plaintiffs’ complaint survives Defendants’ 12(B)(6) motion to dismiss,” Rucker wrote. “The majority’s ruling is not only premature, but it unfortunately weighs in on a significant separation of powers issue without an adequate record.”

The case is Citizens Action Coalition of Indiana Energy and Policy Institute and Common Cause of Indiana v. Eric Koch and Indiana House Republican Caucus, 49S00-1510-PL-00607.

18th Annual Awareness Training

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Did you know…

  • In a single day in 2014, Indiana domestic violence programs served 1,807 victims/survivors
  • On a typical day, domestic violence hotlines receive approximately 21,000 calls, an average of close to 15 calls every minute
  • 72% of all murder-suicides involved an intimate partner; 94% of the victims of these crimes are female

Come join Albion Fellows Bacon Center and the Vanderburgh County Sheriff’s Office for our 18th annual awareness training, “Intimate Partner Violence: Assessment, Intervention & Legal Issues.” You can attend this training on either April 21 or 22.

Caryn Burton and Kerry Hyatt Bennett of the Indiana Coalition against Domestic Violence will be our featured speakers. This training, geared for all levels of experience, is for law enforcement, DCS workers, probation officers, health and human services providers, teachers, medical professionals, victim advocates, prevention coordinators, and the community. Participants will learn about research tools used to assess for Intimate Partner Violence (IPV) as well as the intersection of civil and criminal law as it relates to IPV.

Topics include:

  • Assessment and intervention of IPV (Intimate Partner Violence)
  • Behavioral Red Flags
  • Research-based tools to assess for Presence of IPV, Escalation of Danger, and Risk of Homicide
  • Appropriate Documentation of Cases in Law Enforcement, Advocacy, Medical, and Social Service Agencies
  • Intersections of Civil and Criminal Law in IPV Cases
  • Probable Cause for Arrest in DV Response
  • Mandatory Reporting in Cases of IPV
  • Ways in which IPV effects Paternity, Child Custody and Visitation, and Child Support

These trainings are free and open to the public.  Six CEU’s and six LETB’s will be provided.

Additional sponsors include:

The Warrick County Prosecutor’s Offices, Ivy Tech Community College, Deaconess Cross Pointe and the

Parenting Time Center

Guy notches another GLVC honor as Eagles crack Top 25

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 USTFCCCA Top 25 Computer Rankings

University of Southern Indiana senior Johnnie Guy (Palmyra, Indiana) has been named the Great Lakes Valley Conference Outdoor Male Track Athlete of the Week for the second time this season and the fourth time in his outdoor career.

Guy shattered USI Hall of Famer Ben Kapsoiya’s 17-year old school record in the 5,000 meters Thursday night when he crossed the finish line at the Mt. SAC Relays with an NCAA Division II automatic qualifying time of 13 minutes, 39.14 seconds. His mark currently ranks sixth amongst all NCAA divisions and 10th all-time in Division II history.

USI’s Student Athlete of the Year for the second time, Guy was less than three seconds off the winning time in the Elite Invitational competition at the Mt. SAC Relays and the top mark in all NCAA Divisions—Adams State University freshman Sydney Gidabuday set the nation’s top time of 13:36.83 at Mt. SAC.

The GLVC Track Athlete of the Week honor is Guy’s ninth combined Indoor and Outdoor accolade. He also garnered GLVC Cross Country Runner of the Week honors five times.

Guy’s effort helped propel the Screaming Eagles into the U.S. Track & Field and Cross Country Coaches’ Association Top 25 Computer Rankings this week. USI debuted at No. 23 in the latest ranking.

In addition to Guy’s automatic qualifying time, which ranks second in Division II this year, the Eagles gathered NCAA II provisional qualifying times in the 10,000 meters and the 3,000-meter steeplechase at the Mt. SAC Relays. Junior Chase Broughton (Marengo, Indiana) is third, nationally, in the steeplechase, while fellow classmates Josh Guy (Palmyra, Indiana) and Noah Lutz (Evansville, Indiana) are seventh and 26th, respectively, in the 10,000 meters.

Broughton and Josh Guy are ranked 27th and 36th, respectively, in the 5,000 meters, while senior Tyler Pence (Springfield, Illinois) is ranked 28th in the 5,000 meters.

USI returns to action Saturday when it competes at the Bellarmine Classic in Louisville, Kentucky.

 

Aces match best MVC finish as Katterhenry takes second

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Aces finish great effort at MVC Championship

CHICAGO – Junior Kayla Katterhenry took second place while the University of Evansville women’s golf team matches its best-ever finish as the final round of the 2016 MVC Championship finished on Tuesday at Harborside International Golf Center (Port Course).

“I am so proud of our team, they played very well for the whole tournament,” head coach Jim Hamilton said.  “They battled through some tough conditions today and did a great job of moving up to 7th.  I am also proud of what Kayla was able to accomplish.  Scoring a 72 on a day like today was very impressive.”

Katterhenry carded an even 72 on Tuesday to finish with a 215, just one behind medalist Taryn Torgerson of Wichita State.  Torgerson carded a 1-under 71 in the final round to finish with a 214.  For Katterhenry, it marked the best finish for a UE player in the MVC Championship and third berth on the All-Tournament Team.  Prior to her arrival, the squad had just one All-Conference representative – Andrea Werner in 2003.

The Purple Aces came home in 7th as a team, tying the top finish since joining the Valley.  It marked a great feat for the squad, who was voted 10th in the pre-championship poll.

Second for the Aces was Maria Pickens.  The freshman had a great effort throughout the 3-day event and finished with a 234, tying for 25th.  One behind her was Maggie Camp.  Scored of 78, 79 and 78 saw her complete the 54 holes with a 235.  She tied for 28th.

Giulia Mallmann had her best day on Tuesday, recording an 82 to take 47th with a 253.  Freshman Madison Chaney was one behind her with a score of 254.

Wichita State took the team championship.  Their score of 884 was 13 ahead of Indiana State.  Bradley took third place with a 902.  Evansville matched its best-ever finish of 7th place.  The Aces finished with a 934, five behind 6th-place Loyola.

MAC announces Distinguished Scholar-Athletes from winter sports

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Aces finish great effort at MVC Championship

The Mid-American Conference announced today the Distinguished Scholar Athletes from the eight winter sports during this 2015-16 academic season as 202 students were voted by faculty athletic representatives at MAC institutions representing the ‘best of the best’ from each sports Academic All-MAC Teams.

Earning the recognition from the University of Evansville was men’s swimmer Everett Plocek.  The sophomore from Nazdietschweiler, Germany has a 3.934 GPA in Exercise Science/Physical Therapy

“It is a great honor for Everett to be part this all distinguished academic team,” Purple Aces head swimming and diving coach Rickey Perkins said.  “It is a huge testament to his effort and dedication to both his athletics and academics. I am very happy for him.”

Leading the way were 58 MAC women’s indoor track and field students named as Distinguished Scholar Athletes.  MAC women’s swimming and diving students had 37 selections and men’s swimming and diving provided 34 honorees, while women’s gymnastics had 19 selections and women’s basketball and men’s indoor track and field each had 18 honorees.  MAC wrestling witnessed 12 selections and men’s basketball added six students honored as Distinguished Scholar Athletes.

The Distinguished Scholar Athlete is a second-year award given to students who have excelled in athletics and academics.  Following each season from the winter sports schedule, any student with a 3.20 GPA and participation in at least 50 percent of the contests was automatically named to the previously announced Academic All-MAC Team from each sport.  Also, first-year students, junior college and graduate school transfers in their first year of residence were not eligible for the award.

From the Academic All-MAC Teams, the faculty athletic representatives selected the ‘best of the best’ of our Academic All-MAC Teams to be honored with Distinguished Scholar Athlete Award for the 2015-16 season.  The number of Distinguished Scholar Athletes from each sport were equivalent to the number of first-team selections or 33% of nominees, whichever was greater.

Aces softball sweeps doubleheader at SIU

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Florey earns two wins for Purple Aces

  Fresh off of a pair of Missouri Valley Conference series wins, the University of Evansville softball team made it three in a row, sweeping Southern Illinois in a doubleheader on Tuesday afternoon.

Morgan Florey picked up the win in both games for the Purple Aces (20-20, 8-9 MVC) and now has 13 victories on the season.  Kristin Koepke had the deciding home run in the first game while fellow freshman Tess Hupe scored the game-winner in game two.  Southern Illinois (25-16, 8-8 MVC) makes the trip to Evansville next Tuesday for the final game of the series.

“We preach to play the game pitch-by-pitch and you saw that in game one, it came down to a great swing by Kristin and that was the difference.  It was a true pitcher’s duel with two of the best freshmen battling it out in the circle,” UE head coach Mat Mundell said.  “In game two, we jumped out early and SIU fought back.  Courtney laid down the perfect squeeze to score Tess the winning run.  I love the fight out of this group!”

Game one was an all-out pitcher’s duel as Morgan Florey and SIU’s Brianna Jones duked it out.  In the end, it was a Kristin Koepke home run that made the difference as the freshman hit one out of the park for the second time in three games.  Courtney Land recorded the other hit for the Purple Aces.

Both pitchers went the distance as Florey gave up just one hit while Jones allowed two.  Koepke’s homer came in the top of the sixth and Florey handled it from there.  She sat the final seven SIU batters down in order to earn her 12th win of her freshman season.  Florey also matched her career mark with nine strikeouts.

Following a defensive struggle in the first game, Evansville looked to change that early in the second contest, posting two runs on three hits in the top of the first in.  Chandra Parr opened the game up with a leadoff single and advanced to second on a sacrifice bunt by Land.  After designated player Florey reached on an error, Hayli Scott came to the plate with two outs and delivered an RBI double.  Michal Luckett followed that up with an RBI single to give UE a 2-0 lead.

Southern Illinois rebounded with single runs in the bottom of the first and second frames and the score would stay that way until the top of the sixth.  A few familiar foes came into the circle once again as Jones and Florey squared off following their duel in game one and Evansville was able to get the job done against Jones once again.  Susan Norris led the sixth off with a single and was pinch run for by Tess Hupe.

With two outs, Hupe moved to third after Parr reached on an error.  That brought Land to the plate, who laid down a perfect bunt on the squeeze to plate Hupe and score what would be the winning run.  The Aces finished game two with seven hits while holding the Salukis to four.  Scott had two hits and an RBI in the win.

Evansville remains on the road this weekend, heading to Terre Haute for a 3-game set at Indiana State.  Next Tuesday, UE welcomes SIU to Cooper Stadium for the final contest in the 3-game series.

 

EVSC Board Approves New Harrison Boys Varsity Basketball Coach, Bosse Girls Basketball Coach

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(April 19) the EVSC Board of School Trustees approved the appointment of Nathan Fleenor as the boys varsity basketball coach at Harrison High School and Garland Copeland as the head girls basketball coach at Bosse. Fleenor replaces Bryan Speer, athletic director at Harrison, who stepped down as head coach earlier this year.

Fleenor is currently a social studies teacher and department head at Harrison and will continue in that role. Most recently, Fleenor also served as the junior varsity boys basketball coach and varsity assistant coach at Harrison.

Fleenor’s overall record is 166-78. In 2014, under his leadership, Harrison’s junior varsity team placed in the top 10 in the state for the most wins and in 2014, lead the state in wins. He led the team to three junior varsity SIAC conference championships, five junior varsity city championships and two junior varsity SIAC tournament championships. At the varsity level, he helped lead the team to three sectional championships, five city championships and three SIAC championships.

In 2006, Fleenor served as Harrison softball coach and led the team to city and sectional champions. Fleenor was also named Softball Metro Coach of the Year in 2006.

Fleenor received his B.S. degree from Indiana University and a Masters in Education from Olivet Nazarene University.

Copeland most recently served as the assistant girls basketball coach at Bosse and interim head coach. Copeland, a graduate of Bosse, played basketball at Bosse, Olney College and USI.

Copeland has worked for the EVSC since 1994 and is currently the head custodian at the EVSC’s Culver Family Learning Center.

 

Ivy Tech Media Opportunity

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What: Dedication of Innovative and Unique Ivy Tech Classroom Funded by TMMI

When:  Thursday, April 21, 2016 at 12:15 p.m. B-roll/Photos available prior to and following event. (see below)

Where:  Ivy Tech Community College, 3501 N. First Avenue Room 256

*Please come by the Marketing & Communication Office (room 140) for directions

Background:  Ivy Tech officials, donors, and students will join together for the dedication of a new, innovative classroom. This 360-degree classroom includes unique, high-tech tools which facilitate a hands-on, interactive learning environment. The room was made possible through a generous donation to the Ivy Tech Foundation by Toyota Motor Manufacturing, Indiana.

B-roll/Photo opportunities will be available prior to the dedication from 11:45-Noon during an actual class using the room; and again following the dedication at 1 p.m. in  a communication class using the classroom.

Remarks will be made by an Ivy Tech student, an Ivy Tech faculty member, a representative from the donor organization, and Chancellor Jonathan Weinzapfel.

Event Contact: Erica Schmidt, director of development, (812) 429-1409

USI Athletics honors top student athletes

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Guy, Hodges, Roberts named top USI athletes

Durham & Woodford recognized with “Eagle Pride” awards
EVANSVILLE, Ind. – In an evening that celebrates the accomplishments of the University of Southern Indiana student athletes during the 2015-16 year, junior Haley Hodges (softball), sophomore Emily Roberts (Fredericktown, Ohio), senior Johnnie Guy (men’s cross country/track & field), senior McKinsey Durham (women’s soccer), and senior Lucas Woodford (men’s soccer) were recognized as the top student athletes at the 14th annual USI All-Sports Banquet sponsored by Old National Bank Monday evening.

For the first time in the history of the award, a co-ONB/USI Female Student Athlete of the Year was given to Hodges and Roberts.

Hodges has made her mark on the softball the field in 2016. She has set single-season school records for home runs and RBIs and is among the national leaders in both categories. The computer science major has earned GLVC Player of the Week honors twice this year and is in the midst of one of the greatest statistical years in school history.

USI’s softball team, currently, is ranked fifth in the NCAA Division II Midwest Region and third in the GLVC standings with a 32-14 overall record and a 20-6 mark in league play.

Roberts also has made her mark this spring, only on the cross country course and track throughout the 2015-16. She finished fifth in the nation at the NCAA Division Two Cross Country Championships to earn All-America honors and was the GLVC Scholar Athlete of the Year. She has set school records in both the 5,000 meters and the 10,000 meters in outdoor track this spring and will compete for a national title next month.

Previous winners of the award were Shannon Wells (2003, volleyball), Jenny Farmer (2004; cross country/track), Heather Cooksey (2005; cross country/track), Laura Ellerbusch (2006; volleyball),Allison Shafer (2007; cross country/track), Kristin Eickholt (2008; softball), Mary Ballinger (2009, 2010; cross country/track), Danielle LaGrange (2011, 2012; volleyball), Susan Ellsperman (2013; women’s soccer), Anna Hackert (2014; women’s basketball), and MacKenzie Dorsam (2015; softball).

A two-time ONB/USI Male Student Athlete of the Year, Guy exemplifies the true meaning of student-athlete as he excels both in his sport and in the class room. The engineering major is a two-time Academic All-American, a 14-time All-American, and in the past year has earned two GLVC Scholar Athlete of the Year awards, the GLVC Runner of the Year honor, and five All-America accolades.

The USI men’s cross country team placed 10th at the NCAA Division II National Championships this past fall and 26th at the NCAA II Indoor Track & Field National Championships in March.

Previous winners of the award were Duncan Bray (2003, 2004; soccer), Matt Keener (2005; baseball),Chris Thompson (2006; men’s basketball), Melvin Hall (2007; men’s basketball), Paul Jellema (2008; men’s cross country/track), Shaun Larsen (2009; baseball), Jamar Smith (2010; men’s basketball),Trevor Leach (2011; baseball), Dustin Emerick (2012; men’s cross country & track), Michael Jordan(2013; men’s cross country & track), Johnnie Guy (2014; men’s cross country & track), and Tyler Pence(2015, men’s cross country & track).

Durham and Woodford were named the female and male recipients the ONB/USI Screaming Eagles Pride Award. The award winners, who have been role models on the men’s and women’s soccer teams and in the department, were selected in a vote by the Athletics staff.

Durham, a four-year member of the women’s soccer team and a major in kinesiology, helped lead the USI student athletes as the co-president of the USI SAAC. The three-time Academic All-GLVC performer finished her career this year after playing in 65 matches over four seasons, making 56 starts as an Eagle.

Also a three-time Academic All-GLVC performer, Woodford helped lead the Eagles to the GLVC Tournament this past year and concluded his USI career by making 70 starts in the men’s soccer defensive third. The sport management major also has a tremendous impact on the community by organizing trips by the team over the last four years to the Evansville Rescue Mission to help out the less fortunate among us.

Previous winners of the Pride Award were Ginnie Roberts (softball) 2003; Mike Arnold (men’s basketball) 2004; Brian Kendall (men’s cross country/track) 2005; Angie Davis (softball) 2006; Geoff Van Winkle (men’s basketball) 2007; Kathy Wood (softball) 2008;  Austin Inge (men’s track) and Brittany Neuman (women’s basketball) 2009; Jeron Lewis (men’s basketball) and Sara Loete(softball) 2010; Lauren Meneghetti (women’s basketball) and Mohamed Ntumba (men’s basketball) 2011; Susan Ellsperman (women’s soccer) and Brendan Devine (men’s cross country/track) 2012;Ellena Stumpf (women’s tennis) and Scott Ernstberger (baseball) 2013; Stephanie Carpenter(women’s basketball) and Jeff Neidlinger (men’s soccer) 2014; and senior Austin Davis (men’s basketball), and senior Mary O’Keefe (women’s basketball) 2015.

Dr. Brandon Field, an associate professor of engineering, was presented the Dr. Jane Davis Brezette Faculty Excellence Award. The award is presented to a USI faculty member, who has contributed to the success of USI Athletics by mentoring student athletes and helping them to achieve their goals in the classroom and beyond.  Previous winners of award were Dr. Jane Davis-Brezette, the former chair of Kinesiology and Sport and instructor in the Pott College of Science, Engineering and Education (2008); Tim Mahoney, an instructor in the Romain College of Business (2009); Patti Marcum, an instructor in the Pott College of Science Engineering, and Education (2011); Dr. Lacie Rogers, an instructor in the Romain College of Business (2012); Dr. Darrin Sorrells, an instructor and learning specialist in Academic Skills (2013); Chris Croft, an instructor in Pott College of Science Engineering, and Education (2014); and Timothy Bryan, an instructor in accounting (2015).

The USI Student Athlete Advisory Committee (SAAC) recognized women’s cross country with the Team GPA Award (3.48), while baseball was presented with the Team Spirit Award.

Women’s cross country has twice earned the Team GPA Award (2016 and 2013), tying softball (2014 and 2012) for second, and  following  volleyball, which has won the award five times (2015, 2010, 2009, 2008, 2007) since the creation of the award in 2006. Women’s soccer (2006) and women’s basketball (2011) have each earned the honor once.

The Team Spirit Award, which is selected in a vote by the SAAC and created in 2005, is the first for baseball. Men’s cross country/track & field (2005, 2009, 2011) and men’s soccer (2012, 2013, 2014) has been honored three times, while softball (2014, 2015) and men’s tennis (2007, 2008) have been chosen twice. Men’s basketball (2010), women’s soccer (2012), and women’s cross country/track & field (2006) have been selected for the award once.

 

 

VCSO Bicycle Patrol Racking up the Miles

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The Vanderburgh County Sheriff’s Office Bike Patrol has been logging miles in county neighborhoods.  This past week deputies spoke to children about bicycle and pedestrian safety and answered questions about Indiana’s bicycle laws.
Deputy Nathan Espenlaub explained, “It’s amazing what you notice when you are moving along silently on a bike.  I introduced myself to several people who had no idea I was in the area until I spoke.” Deputy Espenlaub added, “The kids seem to spot me quick enough though, I passed out alot of stickers.”

Deputies will be on the bicycles throughout the summer and fall and will patrol neighborhoods, bicycle trails, walking paths and special events like the 4H Fair.  Sheriff Dave Wedding stated, “I am looking forward to getting out there on a bike myself and talking to our neighborhood residents about their concerns.”

The new program utilizes specially outfitted bicycles that allow sheriff’s deputies to patrol areas commonly used by pedestrians and cyclists. The goal of the program is to increase bicyclist and pedestrian safety. Funding for equipment and overtime is being provided by a grant from theIndiana Criminal Justice Institute (ICJI) through the National Highway Traffic Safety Administration (NHTSA).

Pictured below: A few of the neighborhoods and trails the bike patrol has already visted (the route riden is shown in color.)

Previous Press Release: 2016-NR-018 

 

 

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