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THE LAW’S DELAY by Jim Redwine

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Gavel Gamut

By Jim Redwine

(Week of 23 May 2016)

THE LAW’S DELAY

Hamlet is just the most famous of characters to complain about the pace of matters in court. He is far from the only one upset with the legal system.

Except for those held without probable cause or charges in Guantanamo, most persons awaiting access to justice in America’s criminal cases find the wheels of the legal system move apace. In fact, criminal defendants often seek to retard the system.

On the other hand, in civil cases from small claims to multi-billion dollar suits parties often bemoan the extended time between when a lawsuit is filed and when it is tried, mediated, settled between the parties with the help of the judge or the parties just give up and leave the case hanging in some musty file cabinet for their grandchildren to deal with.

About 95% of all lawsuits commenced in America never get tried. Yet from the time a case is initiated to when it dies from exhaustion can take years. If courts are charged with resolving conflicts, why not get them resolved as close to when they are started as fairness permits?

And since the parties involved in a case know more about their concerns than anyone else, why should they turn their lives over to a judge or jury or appellate court that knows only what the parties bring to the attention of these strangers?

The old adage there was never a good war or a bad peace applies in spades to lawsuits. To avoid “the law’s delay” people should avoid the law, if possible. Of course, some wars would be fought until there are no soldiers left alive if outside peacemakers were not brought in. The same is true in about 5% of lawsuits.

However, for 95% of life, there is light at the beginning of the tunnel. The legal system should be used to help people resolve their own conflicts as quickly, fairly and painlessly as possible.

For a little while I would like to suggest a few ways to do this. Maybe, if you have a case in mind, you might be interested in resolving it without permanent damage to your lives or bank accounts. Next week we can start with a pre-natal, i.e., pre-lawsuit approach, then move on towards the more political convention type resolution.

VANDERBURGH COUNTY FELONY CHARGES

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 Below is a list of the felony cases filed by the Vanderburgh County Prosecutor’s Office today.

Broc Gregory Sims Unlawful possession of a syringe, Level 5 felony

Theft, Class A misdemeanor

Possession of paraphernalia, Class C misdemeanor

Glen Aaron Armstead Criminal recklessness, Level 6 felony

Criminal mischief, Class B misdemeanor

Disorderly conduct, Class B misdemeanor

Oscar Darryl Fields Jr. Criminal recklessness, Level 6 felony

Criminal mischief, Class B misdemeanor

Disorderly conduct, Class B misdemeanor

Governor Pence Announces DWD Pay Back of Funds Used to Eliminate Tax on Hiring

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Payoff Completes Cycle to Save Businesses $327 Million

Indianapolis – Governor Mike Pence  announced that the Department of Workforce Development has paid back the state of Indiana for its advance of roughly $250 million, which was used to eliminate the outstanding federal unemployment loan and the FUTA penalty on employers. The FUTA penalty previously stood as the highest in the country ($126 per employee), or 1.8 percent, and the advance was repaid to the state from the collections of existing state unemployment taxes. The funds used to eliminate the outstanding FUTA penalty will be available for the State to use for other priorities.

“Now that a tax on hiring has been eliminated, Hoosier businesses across the state can use the $126 per employee for critical initiatives, such as hiring new employees, growing existing companies, raising wages, buying new equipment, and more,” said Governor Pence. “As we look ahead, Hoosiers can rest assured that we will continue to maintain our state’s finances with the fiscal responsibility and prudent financial planning that makes these opportunities possible.”

In November, the Governor announced that the Department of Workforce Development had completed the full payoff of the unemployment insurance loan, saving Hoosier businesses $327 million in taxes, which equates to $126 per employee in the state. This payoff of roughly $250 million removed the Federal Unemployment Tax Act (FUTA) penalty facing employers in January 2016.

 

Indiana State Games- 450 Older Adults Competing

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Over 450 Older Adults Compete in the Indiana State Games

The Games run May 19-27th in Evansville

SWIRCA & More and the University of Southern Indiana are very excited to announce that Evansville, IN will again be the host of this year’s upcoming Indiana State Games—Fit and 50! The Indiana State Games will be held Thursday, May 19 – Friday May, 27.

The Indiana State Games are various athletic events for those 50 years and older. 475 active older adults will be participating in competitive and recreational events. Some of these include; swimming, track & field, shuffleboard, pickleball, bowling, tennis, table tennis, and the recreation day at the park. The 2016 Indiana State Games serve as a qualifier for the 2017 National Senior Games held in Birmingham, Alabama in June 2017. Athletes came from 17 different states to compete with some of the furthest states being California, Oregon and West Virginia.

The Celebration of Athletes dinner will kick off the Indiana State Games on Friday, May 20th from 5:00-7:00 pm at Tropicana Evansville. The largest event is Track and Field on Saturday, May 21st at Harrison High School with over 100 athletes competing. Running events will begin at 9:00 am and field events at 1:00 pm. The second largest event is Pickleball which will be held at the Evansville Tennis Center. Singles will be played on Tuesday, May 24th at 9:00 am, Doubles will be at 1:00 pm and Mixed Doubles will be played on Wednesday, May 25th at 9:00 am. The complete list of events is included.  For more information on the games, visit www.indianastategames.org.

SWIRCA & More is a not for profit organization fulfilling a missions of “Enhancing Opportunities for Independent Living.” SWIRCA & More focuses its efforts on empowering individuals of all ages to remain living safely in their own homes by providing information and supportive services to older adults, persons with disabilities, and their caregivers. For more information on SWIRCA, visit www.swirca.org or call 812-464-7800.

Adopt A Pet

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Those seeking a just-about-perfect dog, look no further. Vanderburgh Humane has found him for you! This is Landon, a 5-year-old male Boxer mix. He is a very laid-back and easygoing boy. He does have plenty of energy but with daily walks & playtime, he will be a wonderful indoor family companion. He loves children and other dogs. Landon is neutered, microchipped, up-to-date on shots, and can go home TODAY for $100. Visit www.vhslifesaver.org or call (812) 426-2563 for adoption details!

 

Governor Pence Cuts Ribbon on Meltzer Woods Nature Preserve

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Indianapolis – Governor Mike Pence today cut the ribbon on Meltzer Woods Nature Preserve in Shelbyville as part of the Bicentennial Nature Trust (BNT). The 60-acre wooded land is one of the state’s last remaining old growth forests and today’s dedication as a nature preserve brings the total number of acres in the Indiana nature preserve system to 50,000.

“I’m pleased to join the Meltzer family, Central Indiana Land Trust, Indiana Bicentennial Commission, and the Indiana Department of Natural Resources as we cut the ribbon to officially open Meltzer Woods Nature Preserve here in Shelby County,” said Governor Pence. “By marking the Meltzer Woods Nature Preserve as an official part of the Bicentennial Nature Trust, we are ensuring part of Indiana’s unmatched natural beauty will remain intact for generations to come. I can’t think of a better gift during this Bicentennial year than recognizing the importance of preserving pieces of our natural legacy to remind Hoosiers where we came from, and to cherish the Indiana we inherited.”

Indiana’s system of Nature Preserves was established by a 1967 Act of the Indiana General Assembly, called the 1967 Nature Preserves Act. The system’s purpose is to provide permanent protection for significant natural areas within the state. There are 272 preserves in 71 of Indiana’s 92 counties.

Former Governor Mitch Daniels announced the BNT in his 2012 State of the State Address as a new statewide effort to honor Indiana’s 200th anniversary in 2016.  The BNT was created to preserve and protect important conservation and recreation areas throughout Indiana by matching donations of land or dollars. Property acquired with this fund becomes part of the public trust to ensure that the land is protected for future generations of Hoosiers to use and enjoy. To date, the BNT has approved $29.2 million for 183 projects in 66 counties, 109 of which are complete for a total of 10,004 acres.

Photos from today’s Meltzer Woods Nature Preserve dedication can be found below.image003

 

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Eagles finish fourth in GLVC All-Sports Trophy race

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The University of Southern Indiana Department of Athletics finished fourth in the bid for the 2015-16 Great Lakes Valley Conference All-Sports Trophy.

 

Buoyed by the first-place finishes of its men’s and women’s cross country teams, USI finished with 146.75 points, the most by any non-football/non-swimming & divining institution.

 

The Screaming Eagles also benefitted from the efforts of men’s tennis, women’s golf, baseball, and softball. Men’s Tennis earned second-place points, while baseball, women’s golf, and softball each garnered third-place points.

 

USI finished less than 60 points away from first-place University of Indianapolis and less than 30 points shy of second-place Lewis University. UIndy, which has football and swimming & diving, captured its fifth straight All-Sports trophy as well as its second Commissioner’s Cup with point tallies of 203.00 and 86.00, respectively.

 

The Eagles finished eighth in the Commissioner’s Cup standings, which allocates points based on the athletic department’s finish in the GLVC’s postseason tournaments in men’s soccer, women’s soccer, volleyball, men’s basketball, women’s basketball, softball, and baseball. Each of the league’s members sponsors these sports at the intercollegiate level.

 

USI finished with 64 points, two back of seventh-place Drury University and five behind sixth-place Lewis.

 

This season marks the fourth consecutive year that the Eagles have finished fourth in the All-Sports Trophy standings. USI was 13th in the Commissioner Cup standings in 2014-15 and fifth in 2013-14.

 

Final GLVC All-Sports Standings

1. Indianapolis (203.00 pts)

2. Lewis (171.50 pts)

3. Bellarmine (156.00 pts)

4. Southern Indiana (146.75 pts)

5. Drury (134.25 pts)

6. Truman State (126.00 pts)

7. Rockhurst (113.00 pts)

8. Missouri-St. Louis (110.50 pts)

9. McKendree (109.50 pts)

10. Quincy (97.25 pts)

11. William Jewell (93.00 pts)

12. Maryville (92.00 pts)

13. UW-Parkside (90.50 pts)

14. Missouri S&T (84.00 pts)

15. Saint Joseph’s (81.25 pts)

16. Illinois Springfield (76.00 pts)

 Final GLVC Commissioner’s Cup Standings

1. Indianapolis (86.0 pts)

2. Rockhurst (80.0 pts)

3. Bellarmine (79.0 pts)

4. Quincy (75.0 pts)

5. Truman State (71.0 pts)

6. Lewis (69.0 pts)

7. Drury (66.0 pts)

8. Southern Indiana (64.0 pts)

9. Missouri-St. Louis (59.5 pts)

10. McKendree (54.0 pts)

11. UW-Parkside (50.5 pts)

12. Missouri S&T (44.0 pts)

Saint Joseph’s (44.0 pts)

14. Maryville (41.0 pts)

15. Illinois Springfield (34.0 pts)

16. William Jewell (33.0 pts)

 

AG Zoeller, IPATH launch awareness effort to  curb sex trafficking ahead of Indy 500 

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INDIANAPOLIS, Ind. – Indiana Attorney General Greg Zoeller today joined U.S. Attorney for the Southern District of Indiana Josh Minkler and other members of the Indiana Protection for Abused and Trafficked Humans (IPATH) Task Force to launch a public awareness effort to help combat domestic sex trafficking of minors.

The Indiana’s Not Buying It awareness effort coincides with the upcoming Indianapolis 500, which will bring hundreds of thousands of visitors to the city during Memorial Day weekend, and which – like other large sporting events – can also attract sex trafficking.

The Not Buying It effort aims to refute myths about the commercial sex industry and reduce the demand for commercial sex that fuels trafficking. Some of the messages include “She looked 18; She’s Not” and “Everyone Says It’s a Victimless Crime; It’s Not.”

In the lead up to the 500, the Not Buying It message is being publicized on three billboards in Speedway, as well as on 23 IndyGo buses. The campaign will run through the end of the month. IndyCar driver Ed Carpenter is featured in the Not Buying It video PSA, which can be viewed at www.INNotBuyingIt.com.

“Indiana’s Not Buying It shares the message that commercial sex is not harmless; it is serious, dangerous and leads to the trafficking of minors,” Zoeller said. “I want all men to step up and realize this behavior is not OK, and we won’t tolerate it in the Hoosier State.”

The average age of someone first recruited into the sex industry is 12 to 14, and 83% of sex trafficking victims in the U.S. are U.S. citizens.

Zoeller is co-chair of IPATH alongside the U.S. Attorney’s Office in Indiana. IPATH is made up of 60 member organizations.

“Human trafficking is modern day slavery and preys on the most vulnerable in our society,” U.S. Attorney Minkler said. “Sexually exploiting children for profit is not just morally wrong, it is illegal and those who engage in it will be identified, investigated, prosecuted, and sentenced to decades in federal prison.”

The AG’s Office originally launched the Not Buying It effort before the 2015 NCAA Final Four championship held in Indianapolis. The AG’s Office tracked Backpage.com ads offering “escort services” in the Indianapolis area during Final Four weekend and found a spike of more than 100 ads per day. There were 18 commercial sex-related arrests during the 2015 Final Four in Indianapolis.

“Human trafficking is an unfortunate reality in our community that we take seriously and prosecute vigorously. Our office has a team dedicated to prosecuting this crime and assisting the young victims involved to escape their exploitation,” Marion County Prosecutor Terry Curry said. “Many of these victims are young women from here in Indianapolis, and it is our responsibility as a community to stand up and protect them.”

In addition to the billboard campaign, the AG’s Office and IPATH volunteers have been distributing Not Buying It flyers, victim recovery posters and “red flags” fact sheets to 150 businesses in and around the city, including 49 hotels, ahead of race weekend.

Kenneth Allen, program manager of the Indiana Trafficking Victims Assistance Program with Indiana Youth Services Association (IYSA), also urged people to be vigilant if they see a child who may be at risk.

IYSA recently received funding from the Indiana Criminal Justice Institute and created the Indiana Trafficking Victim Assistance Program to identify and provide comprehensive services to youth (21 and under) victims of trafficking or sexual exploitation. The program serves the entire state by creating five regional coalitions, engaging community partners to raise awareness and increasing identification of exploited youth, and establishing a statewide network of trained service providers ready to respond.

The program staff and service partners have served over 90 young people since October 2015. Training requests, resources, and additional information can be found on the IYSA website at www.indysb.org.

This year, Zoeller advocated for the passage of Senate Enrolled Act 14, which increased criminal penalties for some of the worst crimes against children, including possession of child pornography and child exploitation.  

Red flags of human trafficking can be found here. For more information, visit www.INNotBuyingIt.com.

Human trafficking tips can be reported to the National Human Trafficking Hotline at: 888-3737-888 (text BeFree to 233733). If it is an emergency, call 911. If a child may be in danger, call the Indiana Child Abuse and Neglect Hotline: 1-800-800-5556.

A PHOTO from the press conference is attached along with photos of the public awareness campaign provided by ClearChannel. Pictured left to right: IMPD Captain Robert Holt, Marion County Deputy Prosecutor Shaunestte Terrell, US Attorney Josh Minkler, Attorney General Zoeller, Kenneth Allen with IYSA.

USI WGolf, Soccer’s Durham, Woodford receive sportsmanshhip honor

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The Great Lakes Valley Conference announced that University of Southern Indiana Women’s Golf is one of 20 teams to earn the James R. Spalding Sportsmanship Award for the 2015-16 season.

Additionally, Men’s Soccer senior Lucas Woodford (Newburgh, Indiana) and Women’s Soccer senior McKinsey Durham (Madisonville, Kentucky) have been selected by USI as the Screaming Eagles’ nominees for the James R. Spalding Sportsmanship Award nominees.

Woodford and Durham also were selected as USI’s Male and Female Screaming Eagles Pride Award winners this year.

About the James R. Spalding Sportsmanship Award

The Spalding Sportsmanship Awards are given to 20 teams—one per GLVC sponsored sport—and 32 student-athletes—one male and one female per school—at the conclusion of each academic year.

Prior to the April 13 namesake change announcement, the GLVC Sportsmanship Award was presented to one team in each of the GLVC’s 20 sports, as well as one male and one female student-athlete at the end of the academic year who had distinguished themselves through demonstrated acts of sportsmanship and ethical behavior. The voting process had previously been coordinated through each institution’s Student-Athlete Advisory Committee (SAAC) since the award’s inception in the 2007-08 academic season.

Now, each institution – through the head coach – names one award honoree in each sport sponsored. These individual sport honorees became candidates for the James R. Spalding Sportsmanship Award. Each institution then selected one male and one female student-athlete from its season-long list of honorees to be named as James R. Spalding Sportsmanship Award winners. Following this announcement, one letter of institutional recommendation must be submitted for each winner, showing how they have displayed exemplary conduct of fairness, graciousness, and respect toward teammates, opposing teams, coaches, and officials before, during, and after competition as a representative of the GLVC and their institution. The Conference office will then select one male and one female from the 32 winners as the GLVC nominees for the NCAA Sportsmanship Award.

 

Furthermore, during the initial nomination process, each institution’s coach will rank the top-three teams within the sport that best displayed good sportsmanship throughout the season. The team with the highest point total is then named that sport’s James R. Spalding Sportsmanship Award winner. At the conclusion of the academic year, the institution that accumulated the highest point total across all sports will be named the James R. Spalding Overall Sportsmanship Award winner.

 

2015-16 GLVC JAMES R. SPALDING TEAM SPORTSMANSHIP AWARD WINNERS

Overall Winner: Maryville

Men’s Cross Country: Illinois Springfield Women’s Cross Country: Maryville
Football: Indianapolis and Truman State Volleyball: William Jewell
Men’s Soccer: Maryville Women’s Soccer: Saint Joseph’s
Men’s Swimming: William Jewell Women’s Swimming: Indianapolis
Men’s Basketball: McKendree Women’s Basketball: Rockhurst
Men’s Indoor Track & Field: Indianapolis Women’s Indoor Track & Field: Lewis
Men’s Golf: UW-Parkside Women’s Golf: Southern Indiana
Men’s Tennis: Quincy Women’s Tennis: Quincy
Baseball: Truman State Softball: Missouri S&T
Men’s Outdoor Track & Field: Lewis Women’s Outdoor Track & Field: Lewis, Maryville

 

2015-16 GLVC JAMES R. SPALDING INDIVIDUAL SPORTSMANSHIP AWARD WINNERS

School Male Winner Female Winner
Bellarmine Lovice  Pollock
Cross Country		 Ali Cheesman
Golf
Drury Lucciano Gamiz
Basketball		 Emily Cline
Soccer
Illinois Springfield JJ Cravatta
Basketball		 Rebecca Ramirez
Golf
Indianapolis Luke Hubert
Tennis		 Molly Ward
Golf
Lewis David Heckman
Basketball		 Nicole Dominguez
Soccer
Maryville Troy Payton
Baseball		 Elizabeth Kiblinger
Cross Country/Track & Field
McKendree Isaac Fisher
Football/Baseball		 Karis Johnson
Cross Country/Track & Field
Missouri S&T Tyler Bodenstab
Baseball		 Racheal Lawal
Track & Field
Missouri-St. Louis Julien de Poyen
Golf		 Lindsay Meyer
Volleyball
Quincy Mike Crotteau
Cross Country/Track & Field		 Rebecca Powers
Softball
Rockhurst Brett Marr
Baseball		 Lauren Meyers
Basketball
Saint Joseph’s Dawson Gore
Basketball		 Kalene Davis
Softball
Southern Indiana Lucas Woodford
Soccer		 McKinsey Durham
Soccer
Truman State Matt Peterson
Tennis		 Laura Tarantino
Cross Country/Track & Field
UW-Parkside Mathew Yang
Soccer		 Kelly Trojak
Soccer
William Jewell Billy Kirkpatrick
Baseball		 Gretchen Mayes
Track & Field

 

Governor Pence to Offer Remarks at NRA-ILA Leadership Forum

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Governor Mike Pence will offer remarks at the National Rifle Association Institute for Legislative Action’s (NRA-ILA) Leadership Forum in Louisville, KY. Details below.

Friday, May 20:

3:50 p.m. EDT – Governor Pence to offer remarks at NRA-ILA Leadership Forum

*Media are welcome to attend.

Freedom Hall Building, Kentucky Exposition Center – 937 Phillips Ln, Louisville, KY

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