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Judges order more proceedings in property distribution after divorce

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Jennifer Nelson for www.theindianalawyer.comindianalawyer

March 6, 2014

Citing inconsistencies and lack of information, the Indiana Court of Appeals ordered more proceedings to determine issues of spousal maintenance and distribution of the marital estate in a divorce case.

Frank and Karen Ozug agreed to binding arbitration regarding Karen Ozug’s petition for dissolution of marriage. Karen Ozug sought a deviation from the statutory presumption of an equal distribution of personal property because she had inherited nearly $195,000 from her family 10 years earlier. She tried to stash away this money, which had been in various joint accounts in both parties’ names, upon separation of the parties. She also sought spousal maintenance due to alleged health issues, but there was no credible evidence presented to support her allegations of these conditions.

Frank Ozug was ordered to pay spousal maintenance in the form of continuing health coverage for his ex-wife for one year from the date of the decree. He was ordered solely responsible for the $47,000 in credit card debt and awarded funds in several accounts and 50 percent of his pensions, except for his pension in place before marriage. Karen Ozug received funds from several other accounts as well as two of the three cars.

“We find the findings and conclusions in this case to be facially inconsistent and insufficient to support the property distribution in the present case,” Judge James Kirsch wrote in In Re the Marriage of: Frank J. Ozug v. Karen S. Ozug, 45A03-1307-DR-250. Under the spousal maintenance section, the findings say the arbitrator found no credible evidence to support Karen Ozug’s allegations, yet the health care coverage was awarded as a form of spousal maintenance. In addition, her request for a deviation of the presumptive equal division of personal property was denied without explanation, but a clarification by the arbitrator indicates the distribution of property resulted in 61 percent to Karen Ozug and 39 percent to Frank Ozug.

“We, therefore, vacate the trial court’s judgment and remand for proceedings to remedy these problems and determine the issues of spousal maintenance and distribution of the marital estate,” he wrote.

Commentary: Racial sensitivity 101

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By Abdul Hakim-Shabazz
IndyPoltics.Org

In the past week I have had to deal with stories where a north central Indiana Tea Party “leader” used a tamale reference with

Abdul Hakim-Shabazz is an attorney and the editor and publisher of IndyPoltics.Org.

Abdul Hakim-Shabazz is an attorney and the editor and publisher of IndyPoltics.Org.

regards to a Hispanic State lawmaker. A white Indianapolis restaurant owner dresses in blackface as part of New Orleans-themed Fat Tuesday celebration. And in Bedford at a high school semi-final basketball game where the locals are facing a predominantly black school from Indianapolis, as part of the festivities some of the students come out in safari garb chasing gorillas.

Commentary button in JPG - no shadowFor those of you who get it I will let all that sink in for just a moment.

Yes, in 21st-century America this type of nonsense still takes place, but what was even more ridiculous was that even when these folks got called on the carpet in social media they can’t grasp the fact that they might have done something inappropriate.

Now, before someone tries to accuse me of being hypersensitive, let me put all that to rest. One of my favorite films is Mel Brooks’ “Blazing Saddles.” That should clearly demonstrate that I not only have a pretty good sense of humor, but I also don’t offend easy.

Now, back to the topic at hand.

Like I said, I do not offend easy and do think there are plenty of times where people look for race when it is really not an issue. I can tell you a ton of stories from my college days in which black students who did poorly tried to accuse the professor of being prejudiced, when in fact the only real bias the instructors had was against laziness and poor work. I also think a person can have an issue with President Barack Obama, but that does not mean he or she is going home at night, taking the sheets off the bed, cutting two holes in them and then heading off to the local cross burning.

But seriously, dressing up in blackface and putting on gorilla costumes when the black basketball team comes to town? Really? And then you don’t think you’ve done anything wrong? That to me is the bigger sin in all these controversies. Everyone is entitled to exercise some bad judgment on occasion. However, when it is pointed out, the very least a person can do is pull a “my bad” and not do it again. There is no need to call the Civil Rights Division of the Justice Department, but there is a need for people to be more aware of the world around them.

Face it, folks, as much as some people may not like it, America is a lot more brown and black than it used to be. And that’s a good thing. It shows that as a country we can grow and evolve over time and celebrate our diversity while still maintaining our universal values of freedom and liberty. However, that only works when we don’t do stupid things like use tamale references when talking about a Hispanic lawmaker.

That type of behavior doesn’t get you anywhere. The only thing it gets you is called out because at the end of the day you look like either a racist or an idiot and neither is a very good option.

Abdul is an attorney and the editor and publisher of IndyPoltics.Org. He is also a frequent contributor to numerous Indiana media outlets. He can be reached at abdul@indypolitics.org.

Analysis: Gun bill calls for reasoned debate – from all sides

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By Lesley Weidenbener
TheStatehouseFile.com

Lesley Weidenbener, managing editor, TheStatehouseFile.com

Lesley Weidenbener, managing editor, TheStatehouseFile.com

INDIANAPOLIS – It’s easy to understand the outrage.

Analysis button in JPGThe mere mention of guns and schools conjures images of Sandy Hook and Columbine, only two of the far too many times that students have died at the hands of shooters invading schools with weapons.

But an issue as important as gun control deserves a rational debate, one that calls for all sides to be reasonable and realistic. And so should be the case as lawmakers decide whether it should be legal to leave a gun in a parked car on school grounds.

So often, it’s advocates of gun control calling on gun rights supporters to be reasonable. It’s not hard to criticize the National Rifle Association or some especially ardent gun lovers for failing to support what many Americans would likely say are reasonable policies about waiting periods for gun purchases or the size of magazines.

But rationality is required from all sides.

Some educators and gun rights advocates are incensed that the General Assembly is debating Senate Bill 229, which – in its current form – allows individuals to have guns in their cars when parked at a school. The frustration is easy to understand. But there’s a reasonable case to be made that this is an area for compromise – or a decision that should be made in local communities.

As passed by the House, SB 229 would require those who can legally possess a firearm to keep it in a trunk, a glove compartment or stored otherwise out of plain sight in a locked vehicle. Currently, that’s illegal and a violation of the law is a Class D felony.

A group of educators and child advocates have written to lawmakers complaining the bill “completely decriminalizes possession of a firearm, by anyone other than an enrolled student, in the parking lots of schools, day cares, preschools, residential child care facilities, and Head Start programs.”

“These are not the areas where we want our children to grab a shiny gun as a toy, take a gun to settle a dispute, or be in the line of fire,” the letter says.

Supporters of the legislation, though, say the current law too easily makes criminals out of people who lawfully keep weapons in their cars for protection or other activities and then need to stop at a school to talk with a child’s teacher or drop off some forgotten lunch or homework.

I can sympathize with the latter point. I’m not a parent. I don’t park at schools regularly to talk to teachers. I don’t carry a gun. I certainly have no need to have a weapon with me in my car. But I am originally from a part of the state in which none of these things are unusual.

In the smaller Southern Indiana community where I grew up, hunting is part of the culture. My dad taught me to shoot rifles and shotguns when I was young. In high school, I went rabbit hunting with a 410 single barrel shotgun my dad borrowed from a friend. My dad and I fished for years at the Vincennes Gun Club and my first job was scoring trap shooting at that same club.

There was nothing unusual, dangerous or violent about someone driving around town with a shotgun in his vehicle. I have no doubt that throughout my K-12 career, hundreds if not thousands of parents parked outside my school with guns in their cars and trucks. And just a few miles away, the parking lots of our county schools were lined with pickup trucks with gun racks.

Today, that’s probably somewhat less common. But hunting and shooting remain a common part of everyday life in rural Indiana.

I, however, have moved. I now live in an inner city Indianapolis neighborhood. No one I know carries a firearm in his car. In general, my neighbors don’t hunt. They don’t shoot for sport. In the place I live now, guns are far more associated with violent crimes than they are sport. Here, guns are not a part of my life or the lives of the people around me – except for the tragic stories we watch on the evening news.

It’s easy here to imagine that restrictions on guns in cars at schools are not just reasonable but responsible.

But in the more rural areas of our state, requiring people to remove firearms from their vehicles before they park at a school may not only be unreasonable but just unnecessary.

That doesn’t mean educators and gun control advocates haven’t raised some legitimate issues with the legislation. It seems sensible to clarify that guns are banned on school buses (whether they are owned by the district or by the driver) and there are arguments to be had about whether teachers should be allowed to park regularly at a school with a weapon in a locked in the car – something students would likely learn about quickly.

But the larger question may be whether these decisions might best be made locally – by school board members who answer to the people in their communities. Perhaps state law shouldn’t ban guns from school parking lots and neither should it insist they be allowed.

Local control might be the most reasonable option of all.

Lesley Weidenbener is executive editor of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

IS IT TRUE MARCH 9, 2014-USI WINS 12TH GLVC CHAMPIONSHIP

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MBB-Lawrence Thomas

Ray Simmons, USI Sports Information
Nelson and Thomas dominate in title win.  Final Score: #20 USI -86, and Bellarmine University-73

EVANSVILLE, Ind. – The 20th-ranked University of Southern Indiana men’s basketball team rolled to its 12th Great Lakes Valley Conference championship with an 86-73 victory over Bellarmine University in the conference tournament title game Sunday at the Ford Center in Evansville, Indiana. USI rolls to a 25-5 overall mark, while Bellarmine goes to 23-7 in 2013-14.

The victory gives the Screaming Eagles the GLVC automatic bid to the NCAA Division II Tournament that is slated for March 15-18. USI will learn its destination for the tournament tonight when the pairings are announced at 9:30 p.m. (CDT) (NCAA Division II Men’s Basketball Selection Show at home on NCAA.com (http://www.ncaa.com/liveschedule/2014/03/09)

The Eagles and Knights were neck and neck through the first 20 minutes with Bellarmine posting a narrow one-point lead at the break, 32-31. Neither team could gain definite control during the first half as they battled to four ties and nine lead changes.

Bellarmine had the largest lead of the half, four points, 10-6, seven minutes into the contest. USI’s largest lead was three points, 19-16, after senior center Aaron Nelson (Chicago Heights, Illinois) converted a pair of free throws with 6:44 to play in the half.

Nelson was a dominate force for USI in the opening half, scoring 14 of the Eagles’ 31 points. Junior guard Gavin Schumann (Cincinnati, Ohio) followed Nelson in the first half scoring column with seven points.

In the second half, USI and Bellarmine traded buckets producing the fifth and sixth ties and ninth and 10th lead changes before the Eagles took command of the championship game. Senior forward Orlando Rutledge (Louisville, Kentucky) ignited an 8-0 run to put the Eagles in charge and up eight points, 46-38.

The 8-0 run spurred the Eagles’ offense into overdrive with senior guard Lawrence Thomas (Springfield, Illinois) as the spark plug. Thomas,who was named to the All-Tournament team, scored 19 second half points by hitting six-of-seven from the field, a perfect four-of-four from beyond the arc, and three-of-four from the charity stripe.

Thomas also would dish out five assists during the second half as the Eagles would go on to lead by as many as 18 points, 73-55, with 5:00 to play. USI would cruise through the final five minutes and win the championship, 86-73.

Individually, Thomas finished the game with a season-high and game-high 23 points. He was followed in the scoring column by Nelson, who had 22 points and 13 rebounds for his 23rd double-double of the season. Nelson also was named the tournament Most Valuable Player and to the All-Tournament team.

Rutledge scored 16 of his 18 points in the final 20 minutes. The senior hit three field goals, two from long range, and took advantage of nine trips to the free throw line, making eight.

The USI double-figure scorers were rounded out by Schumann, who had 13 points. He had five field goals, three from beyond the arc.

IS IT TRUE March 9, 2014-EVENING

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Mole #??
Mole #??

IS IT TRUE attached is the attendance box score of the GLVC MEN’S Basketball Tournament held at the Ford Center during the last couple of days?

IS IT TRUE the total attendance figures from the box scores of the GLVC Tournament held at the Ford Center is far short of what officials projected that would attend?  …we wonder if this sporting event broke even?  …if the city didn’t  make a profit on this worthy sporting event the area restaurants, hotels and retail store did? …that USI handily defeated Bellarmine University by the score of 86 to 73?  …this victory gives USI an automatic bid to the NCAA Division II Tournament?  …we are very proud of USI winning this prestigious tournament?  The answer is a resounding  “yes”!
FRIDAY
USI vs. Lewis (NOON)
1,100

Drury vs. Illinois Springfield
406

Wisconsin Parkside vs. University of Missouri-St. Louis
275

Bellarmine vs. Indianapolis
406

SATURDAY
USI vs. Drury (defending national champions)
1,743

Bellarmine vs. Wisconsin-Parkside
407

SUNDAY
USI vs. Bellarmine
3,425

March Cause for Applause Award Goes to Vogel Teacher

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EVSC

Lorie Mansker, sixth grade English/language arts teacher at Vogel Elementary School, is the March winner of the Evansville Vanderburgh School Corporation’s Cause for Applause award. The award is given monthly to an EVSC employee who goes above and beyond his/her normal job responsibilities.

 

In her classes, Mansker has been a leader in implementing the Achieve 3000 Literacy program in her classes to help her students develop reading and writing skills.

 

“She has done an outstanding job implementing Achieve 3000 in her classroom,” said Vogel Principal Audra Offutt in her nomination letter. “Our students are being recognized across the state for their usage and because of the results we are seeing. Her leadership and initiative with this program have been amazing.”

 

Mansker also has been instrumental in sharing what she has learned and done in her classroom with others in the district and across the state. She has presented at the Indiana Association of School Principals Conference and within the EVSC, and has welcomed numerous educators into her classroom to observe.

 

Anyone can nominate an employee of the EVSC for the award. Deadline for nominations is the third Friday of each month. Go to http://www.evscschools.com/community/nominate-evsc-employees-exemplary-work for the nomination form. Paper forms are available at the schools f

Saturation Patrol Nets Two Impaired Drivers

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 Indiana State Police conducted a saturation patrol last night targeting impaired and dangerous drivers in Vincennes. During the patrol, troopers stopped and arrested two impaired drivers. They were both arrested and taken to the Knox County Jail where they were later released after posting bond.

Arrested and Charges:
• Ashley Mouzin, 21, of Vincennes, Ind. ( BAC .12%)
1. Driving While Intoxicated, Class A Misdemeanor

• Brandon Bilskie, 28, Bicknell, Ind. (BAC .12%)
1. Driving While Intoxicated with a Prior Conviction, Class D Felony

Indiana State Police and more than 250 other law enforcement agencies are currently participating in Operation Pull Over, which is a major enforcement effort to crack down on impaired and dangerous driving. Indiana State Police will continue to participate in Operation Pull Over through March 23.

The Indiana State Police are committed to traffic safety and will continue to conduct saturation patrols and sobriety checkpoints to apprehend impaired drivers and to deter others from drinking and driving.

 

Insurance coverage for abortions banned under Senate bill

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images-29By Erika Brock

TheStatehouseFile.com

INDIANAPOLIS – A bill to ban insurance coverage for abortions is on its way back to the House after it passed the Senate Tuesday.

Sen. Greg Walker, R-Columbus, the bill sponsor, said House Bill 1123 aligned Indiana with one of the provisions under the Affordable Healthcare Act otherwise known as ObamaCare.

HB 1123 would prohibit insurance companies from covering abortions, unless there is a specific circumstance, such as in cases of rape, incest or the health of the mother. It would include all insurance companies, such as state employee health plans, private policies and student health policies.

“The right to abortion is a constitutional and protected right to woman,” Sen. Mark Stoops, D- Bloomington said.

The bill does allow for abortion coverage if the consumer opts to pay for it separately as an add-on through a rider or endorsement.

Stoops said he does not think women plan a year in advance or when signing up for insurance that there would be a possibility they might have an abortion so they would not know to get the rider.  He said this idea was ludicrous.

Other lawmakers agreed.

“I think woman are tired of being told what they can and can’t do,” said Sen. Gregory Taylor, D-Indianapolis.

The bill passed the Senate 37-10.

 Erika Brock is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Number of female equity partners continues to be low

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First Impressions First Impressionswww.theindianalawyer.com

The greatest percentage of women occupy the lowest positions in law firms, and the highest positions in firms are occupied by the lowest percentage of women, according to data released by the National Association of Women Lawyers after surveying the top 200 largest law firms in the U.S.

Respondents to the eighth annual NAWL Survey on Retention and Promotion of Women in Law Firms reported that women make up 64 percent of staff attorneys at the firms; 17 percent of equity partners are women. These numbers aren’t far off last year’s results or from the results of the 2006 survey – the first year the survey was completed.

NAWL began the survey as one of several initiatives of the 2015 NAWL Challenge, issued in July 2006, which calls for large firms to double the number of female equity partners and for corporations to double the number of female chief legal officers by 2015. It doesn’t look like that’s going to happen unless law firms make some drastic moves this year.

NAWL sent out the survey last year to the 200 largest firms as reported by The American Lawyer, with 92 firms responding. Fifty of those are in the AmLaw100 and 42 are in the second hundred. The survey focuses on the largest law firms because it is an easily defined sample.

Here are some highlights from the 2013 survey:

•    Lateral hiring at the level of equity partner favors men: about 50 percent of new female equity partners are recruited laterally as compared to nearly 66 percent of all new male partners.

•    Lack of business development was identified by firms (44 percent) as the greatest obstacle to why the number of female equity partners is not increasing; attrition was identified by 31 percent of firms.

•    Firms that have two or more women on the law firm governing and compensation committees have a smaller pay disparity among male and female equity partners. Female equity partners at these firms earn 95 percent of what their male counterparts earn; at the firms that don’t have this female representation on these committees, women equity partners earn 85 percent of what male counterparts earn.

•    Thirty-three firms declined to participate in the 2013 survey even though they previously participated. NAWL posits this could be because firms are more leanly staffed with each passing year and don’t have the time to participate in studies about law firm performance. The organization also says that those firms that declined to participate in the 2013 survey are generally less interested in the subject of advancing women lawyers or are hesitant to share statistics that show that their female attorneys lag behind their male counterparts.

The 2013 survey and previous surveys are available on NAWL’s website.

Commentary: Ukraine, the moment we could use Lugar

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By John Krull
TheStatehouseFile.com

INDIANAPOLIS – As the chest-thumping and hand-wringing among our nation’s political class grows in response to the situation in Ukraine, I find myself thinking of a conversation I had with former U.S. Sen. Richard Lugar, R-Ind.

John Krull, publisher, TheStatehouseFile.com

John Krull, publisher, TheStatehouseFile.com

Lugar and I talked in early December 2001, less than three months after the 9/11 attacks. Lugar was speaking at the Indiana Civil Liberties Union Annual Dinner about the crisis before us. I was the ICLU’s executive director then.

As we worked our way through our meals and he waited to speak, Lugar and I talked about what the response to the most deadly attacks on America since Pearl Harbor should be.

Commentary button in JPG - no shadowI told him that I understood why we had to respond, but that my question about a war on terrorism was one of definition.

What constitutes victory? I asked. Once we’ve gotten into this fight, how do we get back out?

Lugar looked at his plate for a long moment before answering.

“That’s the big question,” he said. “I’m not sure anyone knows.”

Another long pause.

“It’s something about which I think a lot,” he said.

As we talked further, it became clear that Lugar’s thorough mind was working through the problem with a kind of relentless efficiency. He was weighing America’s interests, the moral challenges of waging war in the undeveloped world and the difficulties of exiting from such a conflict with the precision of a digital scale.

Even though he was as outraged as any other American by the 9/11 attacks, he was determined to think calmly, clearly, maturely about the problems before his country.

He knew he’d been elected, again and again, to be the guy who kept his head under pressure. The guy who wouldn’t do something stupid or damaging out of pride or fear or excitement.

Flash forward more than a dozen years.

Lugar now is out of office, kicked to the curb by the Republican Party that he served with devotion for a half-century – 36 of those years in the U.S. Senate, where he earned a reputation as the sanest voice around when it came to foreign policy.

As the conflict plays out in the Ukraine – and American leaders, particularly those in Lugar’s party, speak out – it has become clear how much we miss Dick Lugar.

And just how far away from rationality his party has drifted.

Consider the example of Sen. Lindsey Graham, R-S.C., who has accused the Obama administration of showing insufficient manliness in dealing with Russia. Graham said that he rolls his eyes every time Obama tries to talk tough. For good measure, Graham added that Obama’s “weakness” started with Benghazi, one of the ongoing obsessions of the paranoid right.

Graham faces a strong primary challenge this year and some of his blustery inanity can be attributed to a desire to pander to a Republican base that has a fantasy about American omnipotence.

But Graham’s not alone.

Too many other Republican leaders are making this an emotional drama rather than a complicated foreign policy challenge.

What’s missing from the discussion is the thing Dick Lugar always supplied.

A reality check.

Without him, there are no voices in his party – and few voices anywhere – asking the important questions.

What are America’s interests here? What would constitute success? If we were to go in, how we would go about getting back out? What would the costs be? And what would we gain from the pain and sacrifice we would have to endure?

A lot of American elected officials now want to talk tough about Russia, Ukraine and Crimea.

Lugar was plenty tough – tougher than many of the leaders who seem to spend most of their time thumping their chests.

But he also was and is smart.

Smart enough to know that fights are easier to get into than they are to end.

Smart enough to always think about the end game.

It’s a pity we don’t have that kind of intelligence – Richard Lugar’s brand of smarts – on the national stage right now.

John Krull is director of Franklin College’s Pulliam School of Journalism, host of “No Limits” WFYI 90.1 Indianapolis and publisher of TheStatehouseFile.com, a news website powered by Franklin College students.