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The Indiana Supreme accepted five cases last week on transfer, including an appeal of an order that a woman pay $4,000 a month to her ex-husband in spousal maintenance. The justices also denied 18 cases, including appeals by IBM and subcontractor regarding the failed contract to update the state’s welfare system.
Justices will hear Barbara J. Pohl v. Michael G. Pohl, 32A04-1404-DR-245, in which Barbara Pohl seeks to reduce the $4,000 in spousal maintenance she pays to her ex-husband to $1,000 a month, based in part on Michael Pohl’s increased Social Security income payments. The Court of Appeals affirmed, finding the evidence supported the maintenance amount.

The justices also took:

• Jonathan D. Carpenter v. State of Indiana, 02A05-1404-CR-246, in which the Indiana Court of Appeals  held Jonathan Carpenter’s federal and state constitutional rights weren’t violated when police entered his home without a warrant based on concerns an injured animal or person may be inside.
• Joseph K. Buelna v. State of Indiana, 20S04-1404-CR-243, a not-for publication decisions in which the Court of Appeals affirmed Joseph Buelna’s conviction and sentence for Class A felony manufacturing methamphetamine. He argued the trial court erred in admitting evidence found in a warrantless search, that the state didn’t present sufficient evidence to support the conviction and his 50-year sentence, with 20 years suspended, was inappropriate.
• Wellpoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa; AIG Europe  (U.K.) Limited, New Hampshire Ins. Co., et al., 49S05-1404-PL-244, a not-for-publication opinion in which the Court of Appeals affirmed summary judgment for Wellpoint’s insurers, who denied coverage for its defense and settlement of  a number of lawsuits against it.
• In the Matter of the Guardianship of N.R., N.R. v. Eva Willis, et al., 45S05-1404-GU-251 a guardianship appeal out of Lake County that is going directly to the Supreme Court.

The high court was divided over denying transfer to the appeals by the ACS Human Services LLC and IBM in

  International Business Machines Corporation v. ACS Human Services, LLC, 49A02-1301-PL-49. Justice Steven David voted to grant petition for transfer. Justice Mark Massa did not participate in the decision to deny transfer. The Court of Appeals in November affirmed trial court orders that IBM pay a subcontractor for costs it incurred related to lawsuits over the failed contract between IBM and the state to modernize Indiana’s welfare system.
The list of transfers for the week ending April 11 is available on the court’s website.

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Reference materials in the U.S. District Court for the Southern District of Indiana are now just a click away. Attorneys may use active hyperlinks within e-filed documents.

The court posted notice Friday on its website about the availability of hyperlinking.

“When utilized by attorneys, hyperlinks in briefs and other court filings will provide quick, easy, and pinpoint access to particular sections of a case, specific page numbers, or to specific filings in the court’s record. Hyperlinking will allow Judges to quickly and easily review case-supporting materials,” the notice says.

The court will also issue documents with active hyperlinks, which will be available via the Notice of Electronic Filing email system. Even though attorneys can utilize the one “free look” to the e-filed documents associated with the NEF – accessing other CM/ECF hyperlinked documents contained within the main document will be subject to normal PACER fees, and any hyperlinks to Westlaw or LexisNexis citations will require attorneys to log in to those services.

The notice encourages attorneys to check each judge’s practices and procedures to see if hyperlinks are a requirement.

This announcement comes two months after the Southern Districtlaunched a pilot program allowing the court and attorneys to include active hyperlinks within e-filed and court-issued documents.

With primary voting set to close May 6th, congressional candidate Andrew McNeil is making his case to be the representative of Indiana’s 8th congressional district at candidate forums across the district.

“Forums are possibly the best opportunity for the voters in an election” McNeil noted. “Forums give every candidate the ability to prove why they deserve the trust of their district and allow the voters to make their voices heard on the issues that matter most to them. It’s an opportunity that can’t be ignored.”

McNeil has already appeared at forums in Warrick, Owen, Clay and Vigo Counties and plans to speak at the upcoming forum in Sullivan County on April 15th. McNeil planned to attend a further debate in Greene County that has now been canceled after Bucshon declined to attend.

Congressman Bucshon has yet to accept one invitation to speak at a candidate forum McNeil has attended and so far has rejected requests from the McNeil campaign to set up a debate. Bucshon’s campaign argues that he is currently too tied up with work in Washington. However Congressmen have been given April 11th through April 27th off, presumably to campaign in their districts. Instead of spending these two weeks in his district, Bucshon will tour Indiana delivering lectures on healthcare law in Indiana. On April 22nd TV program Tri-State Voices in Evansville invited Bucshon and McNeil to speak on-air. Bucshon has already turned down the invitation, but Tri-State Voices still intends to bring McNeil on to present his platform.

McNeil has found that most voters are not surprised by Bucshon’s absence from the forums, and personally hopes that he will give voters the time and attention they deserve before the May 6 primary. “There is still plenty of time to set up a forum or debate that both Larry and I can attend. I’m eager for the chance to compare our positions side-by-side and let the voters decide which of us will serve them best. I am willing to extend another official invitation to Congressman Bucshon to set up a debate together. I understand that Congress is a busy place so I will let Larry pick the time that is most convenient for him. Congressional elections are too important for voters to not have a chance to interview their candidates.”

CANDIDATE MONTRASTELLE RESPONDES TO CCO

POLITICAL SURVEY Recently the City County Observer sent Pete Swaim and John  Montrastelle questions that we felt would give our readers a better understanding how these two candidates feel about important local political issues.  Both individuals were asked the same questions and understand that the CCO would post their answers without opinion, bias or editing.  

Pete Swaim and  John Montrastelle are running against each other in the 4th  District County Council seat in the Republican primary for the right to represent the Vanderburgh County Republican party in the November general election.  The date for the primary election to be held is May 6, 2014.

Posted below are the answers that GOP primary County Council candidate John  Montrastelle submitted to us for our readers to analyze and respond  accordingly.  We also have posted Pete Swaim responses to our political survey without opinion, bias or editing in todays CCO.

Responses Political Survey questions to the City County Observer by GOP primary candidate John Montrastelle for County Council are posted below.

 1) Why do you feel that you can do an effective job as our next Vanderburgh County Councilman?

I’m a fiscally conservative Republican who is hard working and committed to the success of Vanderburgh County. I currently work as the manager of the International and Government Department at Anchor Industries. I’ve had the pleasure of working at Anchor for 17 years. I have been married to my wife Karen for the past 29 years and we have raised three successful daughters. For the past 3 ½ years I have served the County on the Evansville Convention and Visitors Bureau, 2 ½ years as board President. The most recent public project I’ve been involved with is our new Softball/Baseball sports complex that will be built on North Green River Road. Throughout my business career in the private sector, I have balanced budgets and made tough decisions within the departments I’ve lead. I believe being a conscientious listener and a creative thinker are important assets that I will bring to our community. I feel my 30 plus years of experience in the private sector as a successful manager and my leadership on the ECVB have given me a strong foundation and put me in a position to become an effective and successful County Councilman.

2) Explain why your education and professional expertise qualify you take on the task of leading our county in a positive direction for the next 4 years.

Answered in question #1

3) Tell our readers what you feel are the strengths about your opponent?

I understand my opponent served as a Vanderburgh County Deputy Sheriff for many years. Having three close friends who have served and are currently serving on the Sheriff Department, I understand what it takes and admire those that do this type of work.  

4) Tell our readers what you think are the short comings of your opponent? I’ll let the readers point out my opponent’s short comings.

5) What are the main challenges the county faces for the next 4 years?

Balancing the needs of our community with the constraints of our budget is certainly an issue. Public safety and fighting the current meth problem our county is experiencing is also a top issue. Quality of life issues are important to me. Good roads, parks, and neighborhoods enhance our infrastructure. We also need to attract and retain good, high paying jobs to keep our county vibrant and successful.

6) What’s your stance on future tax increases for the next 4 years?

The real key to increasing our revenue is thru economic development and job creation not tax increases.

7) What areas of county government can we make creative cuts to help keep budgets in line with income stream?

The first thing I will do is listen to the department heads and elected officials who control their budgets day in and day out. I also want to hear from the community and better understand their concerns. After which, I will work with the elected officials responsible for fiscal matters to make the tough decisions required to live with the reductions in county revenue. The real key to maintaining needed services is to increase our revenue through economic development and job creation.

8) What new county funded programs do you think should be considered during the next 4 years?

I’m hesitant to fund any new programs unless there is a return of investment to our community. The county council trimmed the budget by about 4 million last year and more cuts may be required this year. If we’re going to consider new programs, as stated earlier, we first need to increase our revenue through economic development and job creation.

9) Do you feel elected county officials should or shouldn’t be allowed to hire family members to work in county funded jobs?

From what I understand, there already is a law on the books that prohibits family members from being hired and working for other family members in government positions. To me, this law makes sense. It’s best not to put an elected official in a position of choosing to discipline or not discipline a family member. No to elected officials hiring family members.

10) What’s your opinion on political patronage appointments?

As an elected official or private sector manager, it’s best to have department heads who share your same mind set and believes. Not that you and that person couldn’t have disagreements along the way and think differently from time to time. That’s okay and healthy for the department. However, at the end of the day, you want managers and department heads that you can trust and believe in.

11) Do you feel that candidates running for public office should or shouldn’t accept political donations from those doing business with the County?

They should not.  

12) Do you feel that professional services should be formally bid out ?

Yes and no, it really depends on the type of service needed. Two examples would be Insurance and legal services. Insurance is a service that I would have bid out. Legal service maybe not, you want an attorney that is good and that you can work with and have a good relationship with. That is not always going to be the lowest bidder.

 13) Closing remarks shall cover any issues about your campaign as deemed necessary.

As many may know, this is my first run at a political seat. Some people have asked me “Why in the world would you want to get involved in the political arena?” My answer to that question has a lot to do with my father and some things he was involved with in his career. My dad, Bill Montrastelle, was recruited by a doctor friend in the mid 50’s to come to Evansville and start the new the Physical Department at Welborn Hospital. While dad grew the department, he also served the community in a variety of ways. He was on the YMCA board, the Museum board and also worked on the Freedom Festival and Thunder on the Ohio. He was the first Civil Defense Director in Vanderburgh County. Dad was also Arad McCutchan’s athletic trainer at the University of Evansville for many years as a volunteer. He later did the same at Memorial High school. All of this community service was done while running the PT department at Welborn and serving as an officer in the Army Reserve for more than 30 years. While I am not my dad, I do have the same drive and passion for community service that he instilled within me. My mother and father led by example by being active and involved parents for my sister, three brothers and I. Discipline, work hard, studies, Church, athletics, and a strong family bound was my early background. That’s how I grew up and that’s who I am today. I want the best for Evansville and will work hard to better our community.

Thank you CCO readers for your support and please Vote on May 6th!