Southern Indiana commercial litigator to assume top spot in DTCI
by: Marilyn Odendahl of  TheindianaLawer.com
Evansville attorney Jim Johnson always wanted to be a lawyer, but he did not always want to be a leader.
The litigator will become the president of the Defense Trial Counsel of Indiana at the start of 2014. He will guide the organization as it works on a long-range plan with the goal of remaining responsive to members’ needs as well as adapting to changes in legal work.
Johnson is excited about assuming the top job although he admits he had to adjust to the idea of leading a statewide organization.

A longtime member of DTCI, he stepped away from the board in 2004 because he was not sure he was ready or mature enough to handle a leadership position. He rejoined the board in 2008 and began the move toward the presidency.
“I just thought I was ready to give back to the profession,†Johnson said, quickly adding that reason sounds like such a cliché. “I was just ready to become more involved.â€
Within the legal community, Johnson is described as a “well respected member of the bar†and a “very effective advocate.†While he may have harbored doubts at one time, DTCI treasurer Michele Bryant has confidence in his abilities.
“I think Jim will do a fantastic job as president,†said Bryant, partner at Kahn Dees Donovan & Kahn LLP in Evansville.
Even while he was not on the board, Johnson was still involved with DTCI. He served for 10 years as chair of the Amicus Committee, a position that combined his interests in appellate work and legal writing. He headed up the process of determining in which cases DTCI would file a brief and soliciting other attorneys to do the writing. He said the work was collaborative and discussions were focused solely on the law, not on the politics.
Johnson shied away from calling the committee’s efforts a success but he did note that many times the courts would rule in favor of the position DTCI had advocated.
Born and raised in a blue-collar family in Evansville, Johnson earned his bachelor of science degree at Florida State University and his law degree at Indiana University Robert H. McKinney School of Law. He first practiced at Matchett and Thopy in Shelbyville before returning to his hometown and joining the firm that is now Randolph Fine Porter & Johnson LLP.
He has always been a litigator, cutting his teeth on insurance defense for more than 10 years before morphing into commercial litigation. Johnson’s attraction to appellate work developed early in his career. He liked what he called the purity and intimacy of working through the briefs and the challenge of presenting oral arguments.
Outside of the office, Johnson serves on the board of directors of the Ronald McDonald House Charities of the Ohio Valley. There, he not only lends his legal expertise to the organization but also volunteers regularly at the house.
Jeremy Evans, the charity’s executive director, described Johnson as being deeply and personally connected to the charity and bringing a wealth of knowledge to the board. Seeing his work on the board gave Evans confidence that Johnson will do well leading DTCI.
“Jim’s good humor, loyalty and leadership are a valued asset to our charity, and I feel certain that he’ll be of immense value as the president of the Defense Trial Counsel of Indiana,†Evans said.
Unemployment rate drops; private sector jobs jump
By Lesley Weidenbener
TheStatehouseFile.com
INDIANAPOLIS – The state’s unemployment rate dropped again in November as Indiana gained more private sector jobs than any other state in the nation.
state’s rate of 7.3 percent is still higher than the national rate of 7 percent but lower than any of Indiana’s neighbors.
Indiana added 25,300 jobs, the largest one-month increase for the state on record, with gains in trade and transportation, construction, manufacturing and professional and business sectors.
The jobs report came even as the state’s fiscal leaders heard an economic forecast that projected tax receipts will be lower than expected through June 30, 2015.
Still, Gov. Mike Pence said the jobs numbers “are welcome news to every Hoosier and are a testament to the hard working people of our state and the businesses that power Indiana’s economy every day.
“The continued downward trend in unemployment and the significant growth in private sector jobs demonstrate that Indiana’s economy is strong and growing stronger every day,†he said.
But House Minority Leader Scott Pelath, D-Michigan City, said the jobs numbers don’t mean much if income is not also rising. Currently, Indiana trails the nation in per-capita income and the gap has ben growing.
“There should be no shock to see the state’s unemployment numbers going down as we head into a holiday season,†Pelath said. “Indiana’s largest employer is Walmart. It should be obvious and predictable that our biggest gains would be in the service sector.â€
“I am glad that there are more folks able to pick up work around the holidays,†he said. “But I’m sure we also can agree that this is not a path to prosperity.â€
The state’s unemployment rate has dropped significantly throughout this year. Just last summer, 8.5 percent of Hoosiers were unemployed.
“It is encouraging that fewer Hoosiers are unemployed than in November of 2008, and the unemployment rate has dropped by more than a percentage point over the past few months,†said Scott Sanders, commissioner of the Indiana Department of Workforce Development. “However, we need to keep the ball moving by strengthening Indiana’s pro-growth climate.â€
Lesley Weidenbener is executive editor of TheStatehouseFile.com, a news website powered by FranklinÂ
Washing machines can’t save your life
My world came crashing down on me the weekend before Thanksgiving. My wife and I were washing clothes and the unthinkable happened — our washing machine stopped working during mid-wash. Can you believe that!? Luckily, we were done washing our clothes and just had some blankets in there, but “oh, the humanity!â€
“Why does this happen to me?†I cried out. “I don’t have any luck,†I added. This tirade went on for about five to ten more minutes and then I came to my senses.
The 30,000 children we treat at St. Mary’s every year aren’t worried about a broken washing machine. In fact, that’s the least of their worries and certainly the least of their parents’ worries.
Most of these children are seeking help — help to learn how to do simple things we all take for granted every day, like chewing and swallowing food. The talented staff in our Pediatric Feeding Clinic, one of only three of its kind in the entire nation, helps children learn how to eat every day. Washing machines can’t do that.
The skilled and caring psychologists at the St. Mary’s Center for Children see kids every day with autism spectrum disorder, behavioral disorders and feeding disorders. The last time I checked, a washing machine can’t help with this either.
The St. Mary’s Mobile Dental Clinic for Kids serves 3,800 children every year and for most of these kiddos, it’s the first time they’ve ever seen a dentist. Our gifted Pediatric Dentists and Dental Hygienists take a mouth full of decayed teeth and transform it into a pearly-white smile. I don’t think a washing machine can fill a cavity or extract a tooth.
Frustration turned into embarrassment, as I quickly realized I was complaining about nothing. My wife and I have a healthy 20-month-old little girl who feeds herself at every meal and doesn’t need assistance eating. We’re able to afford the food and clothing we need to survive. And, we have a roof over our heads every night we go to bed.
We also found a good deal on a new washing machine, but that just doesn’t seem to matter much anymore.
I know what’s important in life, but I’m only human. And, as imperfect humans, we all tend to worry about meaningless things every day. This won’t be the last time I get upset over something that means so little in the grand scheme of life. But, I know what truly matters. And, I know you all do, too.
So, as we open presents under our Christmas trees this year and watch the joy and excitement on our children’s faces when they un-wrap a new Wii, an iPad or an iPhone, please remember the children and families who can’t afford to celebrate Christmas. Please remember the kids spending Christmas in the hospital fighting for their lives. Please remember the families we serve every day who can’t afford to pay for their
healthcare. And, please remember to count your Blessings, as I have learned, once again, this year.
Washing machines come and go. Washing machines can be replaced. True family and friends are forever. And, if you have that, then I think you’re pretty lucky.
Merry Christmas and Happy New Year! God Bless,
Rick Peltier
Director of Foundation Operations
St. Mary’s Medical Center and St. Mary’s Warrick Hospital
Local apartment complex brings Christmas to children at St. Mary’s
Abbey Court Apartments in Evansville partnered with the St. Mary’s Medical Center Foundation and the St. Mary’s Center for Children to help brighten the spirits of local children this holiday season.
Abbey Court Apartments and their parent corporation, Samaritan Companies in Indianapolis, conduct a toy drive every year and generously give the donated toys to a local non-profit organization during Christmas time. On Monday, December 9th, Santa Claus, along with elves from Abbey Court and Samaritan Companies, delivered these toys to children receiving care at St. Mary’s Center for Children.
Abbey Court Apartments and Samaritan Companies collected $7,500 worth of toys, which included legos, Barbies and stockings full of more toys and candy. They also gave the kids sports jerseys, pillows and blankets. And, there was Yoo-hoo, water and Christmas cookies for everyone to enjoy after sitting on Santa’s lap.
“We love doing this for the kids,†said Teresa Sturdivant, Regional Director of Samaritan Companies. “I love to see the smiles on their faces. That’s what makes this toy drive worth it each and every year.â€
“911 Gives Hope always does such a great job of distributing toys to kids who are hospitalized during the Christmas season,†said Rick Peltier, Director of St. Mary’s Foundation Operations. “This year, thanks to the generosity of Abbey Court and Samaritan Companies, we were also able to donate toys to kids who visit us on an outpatient basis.â€
Abbey Court and Samaritan Companies also delivered toys to children on St. Mary’s Pediatric Unit and dropped off toys at the Ronald McDonald House and Easter Seals Rehabilitation Center in Evansville.
More public schools graded As, fewer get Fs
By Lesley Weidenbener
TheStatehouseFile.com
INDIANAPOLIS – More Indiana public schools received As this year and fewer received Fs under grades the Indiana State Board of Education approved Friday after months of political wrangling over the system.
Among the Fs was a charter school that received a controversial A rating last year after former State Superintendent Tony Bennett ordered changes to the formula. School officials on Friday blamed ISTEP problems for the grade change.
Christel House Academy in Indianapolis is among 106 public schools in Indiana that received failing grades under the system, which has been roundly criticized by educators and lawmakers alike. That’s a drop from 136 public school Fs issued last year.
The grading formula is set to change next year – with more emphasis put on individual student growth rather than overall achievement – although policymakers haven’t finished working on the new criteria.
For now, though, the State Board of Education was stuck approving grades under the old formula, which also produced 805 As, 382 Bs, 332 Cs and 195 Ds among public schools.
Last year, only 671 public schools received As, according to the Department of Education.
State Superintendent Glenda Ritz said Friday that many public schools had big changes in their grades – some better, some worse – and that’s a fault with the current A-F grading model. Photo by Lesley Weidenbener, TheStatehouseFile.com
“Though this current model for calculating school accountability grades will be changing, the data does show that some great learning is occurring in our schools, and I want to congratulate our students for their successes,†sate Superintendent of Public Instruction Glenda Ritz said in a statement about the grades.
Only board member Andrea Neal voted against the grade placements. She said the formula applies a one-size-fits-all system that fails to encourage schools to offer a well-rounded education to all students.
“To get an A, schools know what they have to do,†which involves focusing on reading, math and standardized testing, Neal said. “In some cases, this is happening to the exclusion of all else,†including the arts.
The board also approved grade placements for private schools. When those grades are added, the total number of schools receiving As increases to 938. The total number of all schools with Bs is 451, the number with Cs is 372, with Ds is 209 and Fs is 112, according to the Department of Education.
Many schools saw their grades change – some for the better and others for worse. Wood Memorial Junior High in Gibson County moved from an F last year to a B this year, while just down the road, Princeton Middle School moved from a D to an A. Two Mississinewa schools also moved from Ds to As as did Knightstown Elementary in Henry County. There were dozens of other examples.
But the Indiana Math & Science Academy dropped from a B to an F and the Padua Academy dropped from an A to an F.
Ritz said such dramatic changes in grades expose one of the problems with the current A-F grading system. She said because the grades are based on a four-point scale, small changes in scores or graduation rates can make big differences in the final categories.
The new system – to be implemented with next year’s grades – is to be based on a 100-point scale, which Ritz said should better represent how a school is actually doing year to year.
“A good system will show that you have a school improving or you have a school not improving – but not extremes like you’re seeing in the current model,†Ritz said.
At Christel House – which had received As for years and which Bennett had lauded as an example of a successful charter school – the grade plummeted largely due to lower ISTEP scores, said Daniel Altman, a spokesman for the Department of Education.
The school blamed the poor scores on problems with the ISTEP test last spring. Server failures at the company that administers the online testing program led many students to be kicked out of the system in the middle of the exams.
Christel House officials said 270 of its 294 students were prevented from successfully completing the online test.
“We appealed our grade based on the tremendously disruptive ISTEP+ testing problems that occurred with the online test. We believe these disruptions fatally flawed the results,†said Christel House Academy Principal Carey Dahncke. “We believe this inaccurately represents the performance of our students and teachers.â€
An independent study found that, overall, the ISTEP results were valid, although some individual scores were nullified. DOE officials said they received a number of appeals based on ISTEP tests but did not grant any of them.
Christel House is under special scrutiny because last year it was set to receive a C under the grading formula. But emails uncovered during the summer by the Associated Press showed that Bennett asked for changes in the grading formula that benefitted Christel House and more than a hundred other schools. The changes raised the Christel House grade to an A.
The revelations about Bennett’s actions led him to resign from his post as the education chief in Florida, where the Republican moved after he was defeated in his reelection bid by Ritz. Later, a bipartisan study found that the changes made by Bennett were “plausible.â€
The Board of Education approved the grades Friday after brief discussions and questions, without any of the rancor that has marked recent meetings.
Board members – who have all been appointed by Republican governors – have been critical of Ritz and the Department of Education she oversees for failing to get information to schools and the final grades finished more quickly.
Ritz has blamed the ISTEP problems for some of the problems. But at the request of skeptical board members, the nonpartisan Legislative Services Agency ran the data through the grading formula as well to serve as a check against the DOE results.
DOE officials on Friday said the results were the same in most cases. Where problems cropped up, LSA and DOE officials were able to work out the differences.
Still, board member Dan Elsener said that next year, education officials should strive to finish the appeals process more quickly so that schools know before the board votes what the final grades will be.
Lesley Weidenbener is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.
EVSC Schools in Need of Dramatic Improvement Just to Attain Mediocrity
The Evansville Vanderburgh School Corp. received nine failing school accountability grades from the Indiana Department of Education, compared to the 15 “Fs†the district received the previous school year. Five EVSC schools were awarded “A†grades. Eight schools received “Bs,†nine “Cs†and four “Ds.†When taking these grades and calculating the GPA (grade point average) for the EVSC the GPA computes to an academic probation level of 1.88
The EVSC schools that got an A were Cynthia Heights Elementary, Highland Elementary, Oak Hill School, Scott School and Tekoppel Elementary.
EVSC’s Glenwood Leadership Academy, which could be in danger of state takeover and was also expected to be a topic of discussion at the board meeting, received its seventh ‘F†in a row proving once and for all that naming a failing school after an elite prep school does not make it an elite prep school.
Other EVSC schools that received failing grades were the Academy for Innovative Studies, Caze Elementary, Dexter Elementary, Evans School, Lincoln School, Lodge Community School, McGary Middle School and Washington Middle School.
The Catholic schools fared much better with both Memorial and Mater Dei getting A’s to lead the diocese schools to a composite GPA of 3.38
Warrick County did even better with a grade card loaded with A’s and a composite score of 3.68
It seemed like the further one got from downtown Evansville the better the scores got with both the EVSC and the other metro area counties culminating in the North Posey District seeing every school get an A for a perfect 4.0.
In the world of private and magnet schools Signature School that is a perennial top ten program in the country, Evansville Christian School, and Evansville Day School all received an A. The Joshua Academy was the lone exception scoring a D.
The other takeaway is that the spending per pupil in the EVSC is significantly higher than it is in any of the other programs proving again that you can’t fix education problems by throwing money at a failing system.
Overall with scores like this the EVSC seems to need to wear a dunce cap while standing in the corner waiting for a good old fashioned spanking. The truly disgusting part of the EVSC’s 1.88 grade is the positive spin that is put onto what is clearly a system that needs to improve to even call itself mediocre. The EVSC like many of the local government entities and affiliates will continue to fail as long as unacceptable performance is celebrated publicly. IS IT TRUE it is time for the EVSC to take a trip to the woodshed.
Newburgh ordinance allows it to block town from providing sewer service
by Jennifer Nelson  December 23 , 2013
The Indiana Court of Appeals Monday decided that the town of Newburgh was statutorily authorized to pass an ordinance prohibiting others from providing new sewer services to customers within four miles of its corporate boundaries.
The town of Chandler sued Newburgh in Warrick Superior Court in April 2012, trying to get the judge to say Newburgh’s ordinance couldn’t prohibit Chandler from providing new sewer services in an overlapping area. For years the two towns have been providing sewer services within the four-mile rings outside their boundaries, which somewhat overlap. In 2007, Newburgh, pursuant to I.C. 36-9-2-16, -17 and -18, passed the ordinance that gave it an exclusive license to furnish sewer service in the regulated territory.
A developer wanted to build in the regulated territory and got estimates from Newburgh and Chandler on sewer services for the subdivision. The developer chose Chandler because Newburgh’s estimate was much higher. Newburgh then sued the developer for violating its ordinance.
Chandler passed a similar ordinance six weeks after Newburgh. The trial court denied summary judgment for either town.
In Town of Newburgh v. Town of Chandler, 87A01-1305-CT-203, the appellate judges ruled in favor of Newburgh, pointing out that it was the first to pass the ordinance. Courts have long used a first-in-time rule, in the absence of other legislative direction, to resolve disputes when two municipalities possess concurrent and complete jurisdiction of a subject matter.
The statutes in question give municipalities several powers, including the ability to prohibit the furnishing of sewer services within four miles of their boundaries. In order to do so, the municipality must pass an ordinance, which Newburgh did in April 2007.
Chandler put forth several arguments as to why it should prevail, but the appellate court relied on the first-in-time rule.
Senior Judge Randall Shepard noted that Chandler and two amici curiae, the Warrick County Commissioners and the City of Boonville, may have a valid argument that Newburgh’s ordinance will chill economic development. The parties claim Newburgh only enforces the ordinance when significant sewer fees are expected, making developers hesitant to invest in projects in Newburgh’s extraterritorial areas because they worry they will be sued if they choose a cheaper sewer provider.
“Resolution of disputes like the one before us by a commission in the executive branch could likely produce more effective and efficient results. The creation of such mechanisms, however, is in the domain of the legislature and not the courts,†he wrote.
St. Mary’s Associates bid grateful and tearful farewell to their leader
The St. Mary’s Manor Auditorium was full of both somber and celebration on Tuesday, December 17th. St. Mary’s Associates held a Retirement Reception for Tim Flesch, who is stepping down as President of St. Mary’s Health in January 2014.
Associates created a good-bye video and a musical tribute to honor Tim’s successful career at St. Mary’s, which began in 1999 as Executive Vice President and Chief Financial Officer. He has served as St. Mary’s President and Chief Executive Officer since May of 2005.
Special guest Mayor Lloyd Winnecke read a proclamation declaring Tuesday, December 17th, 2013 as “Timothy A. Flesch Day†in Evansville.
Tim also paid tribute to Sister Jane Burger, a Daughter of Charity and former Senior Vice President of St. Mary’s Mission Integration, who was reassigned by the Daughters this past June.
Tim led St. Mary’s to several milestones during his Presidency. St. Mary’s became the first verified Level II Adult and Pediatric Trauma Centers in Evansville and still remains the only Level II Pediatric Trauma Center in this region. St. Mary’s nurses achieved Magnet status, the gold standard of nursing care, which is earned by only 7% of all hospitals in the nation. Tim oversaw the growth of St. Mary’s Physician Network and helped dramatically improve St. Mary’s patient care scores. St. Mary’s Center for Advanced Medicine was also constructed soon after he became President and CEO and St. Mary’s Epworth Crossing is set to open in February 2014.
Evansville-native Keith Jewell is succeeding Tim as President of St. Mary’s Health.
The St. Mary’s Medical Center Foundation would like to thank Tim for his leadership and we wish him a relaxing and well-deserved retirement!