Newspaper association recognizes AG Zoeller’s action in support of press freedom

INDIANAPOLIS – Today the Hoosier State Press Association presented its annual Frank O’Bannon Sunshine Award to Indiana Attorney General Greg Zoeller for his action to protect First Amendment rights in a legal dispute over public records last year.

The South Bend Tribune nominated Zoeller for the Sunshine Award in recognition of his removing an obstacle to the newspaper’s publication of an article based on information it obtained from a public record. In March 2012, a court injunction had blocked the newspaper from publishing an audiotape of a call received by a Department of Child Services hotline where a caller had reported child abuse. Concluding that prior restraint would violate freedom of the press, Zoeller intervened in the lawsuit and withdrew the State from further appellate litigation in the dispute over the audio recording, meaning the newspaper could resume publication of its story about the recorded call.

“The Frank O’Bannon Sunshine Award honors public servants and citizens who understand that our government should be transparent to the people it serves. I commend Attorney General Zoeller for his commitment to using his post to protect public access when his colleagues in state government wanted to restrict it. Newspapers and all citizens have a friend in public servants like Zoeller,” said Steve Key, executive director and general counsel of the Hoosier State Press Association.

As Attorney General, Zoeller has been an advocate for transparency through raising awareness of the Indiana Open Door Law and Access to Public Records Act. In 2011 and 2012, Zoeller’s office partnered with the HSPA, several newspapers and the Public Access Counselor’s Office to hold a series of free public access seminars across Indiana. The training seminars, which counted as free continuing legal education for attorneys, were attended by elected officials, government employees and citizens, and focused on educating the public about their right to open government.

“It is the responsibility of those of us in government to strive every day to earn the public’s trust; but history has shown that the public should never fully trust government. Essential to the fundamental relationship between the people and their government is a free press and open, accessible information from officials and agencies. My obligation to defend the actions of state government is second only to my oath to defend the Constitution,” Zoeller said.

Each year since 2005 the HSPA has recognized private citizens and public servants who promote the cause of open government. The Sunshine Award is named for former Governor Frank O’Bannon, who was a longtime newspaper publisher in Corydon and established the Public Access Counselor as a separate state agency during his administration. Until that time, the public access advisory opinion duties had been a part of the Attorney General’s Office.

The Sunshine award was presented today during the HSPA’s annual legislative luncheon at the Hyatt Regency in Indianapolis. In addition to Zoeller, the HSPA presented the Sunshine award to Jane Neulieb, a town council member from Long Beach, Ind. Founded in 1933, HSPA represents nearly all daily and weekly paid circulation newspapers in Indiana.

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, February 7, 2013.

Isaiaha Johnson Burglary-Class B Felony
Theft-Class D Felony

Darius Staten Theft-Class D Felony
(Habitual Offender Enhancement due to Prior Convictions)

George Greenwell III Battery by Means of a Deadly Weapon-Class C Felony
Failure to Return to Scene of Accident Causing Injury-Class A Misdemeanor

Joshua Harvey Burglary-Class B Felony
Theft-Class D Felony

For further information on the cases listed above, or any pending case, please contact Regene Newman at 812.435.5156 or via e-mail at rinewman@vanderburghgov.org

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.
SENTENCE CHART

Class Range
Murder 45-65 Years
Class A Felony 20-50 Years
Class B Felony 6-20 Years
Class C Felony 2-8 Years
Class D Felony ½ – 3 Years
Class A Misdemeanor 0-1 Year
Class B Misdemeanor 0-180 Days
Class C Misdemeanor 0-60 Days

Today after 3:00 City-County Observer filed a Freedom of Information Act request with the Vanderburgh County Sheriff’s Department. In our request we asked the sheriff’s department to disclose information to us involving former Sheriff’s Deputy Stuart Mosby. We also requested that Sheriff Williams provide us with any other information pertinent to former Sheriff’s Department employee Mosby. We also requested any information as to whether or not the Vanderburgh County Sheriff’s Merit Board was asked for their input and decision on the matter of reducing Mr. Mosby’s rank. Lastly, we asked Sheriff Williams if any aspect of the case was given to Vanderburgh County Prosecutor Nick Hermann for his input and recommendation pertaining to this issue.

We look forward to receiving a hasty response pertaining to this matter and look forward to sharing this information provided by Sheriff Williams with you, our readers.

EPD Activity Report: February 7, 2013

The Honorable Judge David Kiely
Zach Stuard
CCO Staff Writer

One could say for the Kiely family that practicing law ran in the family almost hereditarily. Upon graduating from the University of Evansville with a Degree in Science, it was no surprise to anyone that knew Judge Kiely that he then applied to and attended the Cumberland School of Law in Birmingham, Alabama. After graduating from Cumberland School of Law in 1989, Judge Kiely joined his father, James Kiely, and together they formed Kiely & Kiely, attorneys at law. The two began practicing law together in 1990 and continued to do so until Kiely’s father’s retirement in 1994. Judge Kiely then practiced law by himself for the following four years. In 1998 Judge Kiely announced his intent to run for Judge Knight’s spot on the bench. Soon thereafter, then Circuit Court Judge Rick Young offered Kiely the magistrate position in the Circuit Court and, recognizing the excellent opportunity, Kiely accepted the offer and cancelled his planned campaign against Judge Knight. While Judge Kiely was serving as magistrate, Judge Young set a great example and it wasn’t long before he became a role model of Kiely’s. Over time the two have managed to forge a great friendship between themselves and still stay in touch regularly. Kiely served as magistrate for 11 years when Judge Bower’s retirement left a vacant spot on the Superior Court bench. Kiely campaigned for the Superior Court position and earned an unprecedented victory in every precinct. Kiely served four years in Superior Court before running for The Circuit Court Judge position last fall. Kiely received the highest honor among attorneys and ran unopposed for the Vanderburgh Circuit Court judge position.
Kiely is well known for his work in assisting Judge Wayne Trockman in the Vanderburgh County Treatment Courts. Kiely himself is little known though, for creating what just may be the best kept secret in Evansville with the help of Judge Trockman. That secret would be the first Veterans Treatment Court in the State of Indiana. The young program originally lacked the staffing to operate at full efficiency but recent remedies to this issue have seen the court expanding nicely. The program has had 15 veterans come through its doors. The Veterans Court offers alternative sentencing options for nonviolent and, in certain circumstances, violent offenders as well. The program aims to rehabilitate veterans with substance abuse issues and provide substance abuse treatment programs in conjunction with the resources offered through the Department of Veterans Affairs. The Veterans Court also looks to assist veterans suffering from the mental effects of combat and seeks to provide alternative options to incarceration for the veterans that find themselves coming through the court.
As a judge, Kiely recognizes the court system causes mental, emotional, and financial stress on the parties and their families. “The court system must move as quickly and as efficiently as possible while providing the parties with a fair platform to argue their position. Only after a case is resolved can the parties begin their recovery and closure.”
Of all the difficult cases Judge Kiely tries he admits that drunken driving cases resulting in death involving young people with no previous record are the toughest. He also particularly dislikes giving anyone their first felony charge as it kills their ability to get a job and creates a lower standard of living to those with a felony conviction. Kiely recognizes that some people genuinely deserve their sentences and incarceration is the only appropriate option. I asked Judge Kiely what the most rewarding aspect of his work is and, very similar to Judge Trockman, he spoke of the people whom he has reached and assisted. With a humble tone Kiely told me, “More than 10 people have stopped me after spending time in our system and have thanked me for saving their lives.”
To Judge Kiely some of the most important traits for a judge to possess are patience, understanding, and temperament. A judge’s self-control has to transcend any situation which may anger them. “Prejudice and bias have no place in a judge’s chambers. We as judges have to look at the law and then apply the facts of any given case to that law. If we as judges do everything we can and make our decisions based on the facts in relation to the law, then we can live with our decisions.”
When Judge Kiely is not on the bench or working in his chambers he enjoys spending time outdoors. He particularly enjoys bass fishing, golfing and tennis. The active Judge Kiely also lettered in both basketball and baseball while attending Bosse High School. Judge Kiely enjoys spending time with his kids more than anything. His daughter, Gracie, is a freshman at Central High School and his son, Jack, is a freshman at Kentucky Weselyan. Jack and Gracie both have shown an interest in studying law which would make them each a fourth generation lawyer in the Kiely family.
If Judge Kiely could do any one thing for the court system he would restructure the way custody and parenting time battles are fought concerning children. In the current system the side that is awarded custody and more parenting time also receives more support money. Kiely feels the current system causes the parties to lose sight of what is in the best interest of the children and only focus on what is financially beneficial to their position. He believes the current system increases litigation and anger between the parties. Kiely’s remedy is to start with the presumption that there should be joint custody of the children and each parent should have equal parenting time. Then let the parties’ present evidence as to why the court should deviate from a joint custody equal parenting time order. If Judge Kiely could have his way he would give every child born two parents that love that child more than anything else in the world, including themselves. He believes this would solve a lot of problems in society that are results of children growing up without proper guidance and counseling from the proper source. Judge Kiely told me “I see generations of repeat offenders coming before the courts. That is always tough. With the proper upbringing and attention I believe a lot of these instances could be diverted entirely.”
I think you hit the nail on the head Judge Kiely.