ILNews

Applicants sought for $90,000 in grant funds

Rebecca Berfanger
January 1, 2008
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The Heartland Pro Bono Council, which serves Boone, Hamilton, Hancock, Hendricks, Johnson, Marion, Morgan, and Shelby counties in central Indiana, received a cy pres award of more than $65,000 late last year and the organization is looking to distribute the money in the upcoming months.

That amount, along with other funds the HPBC has received in cy pres monies in recent years - totaling $90,000 - will be given in one grant or multiple grants sometime after June 5, 2008.

Heartland is currently seeking applicants from organizations around central Indiana that would help to serve the legal needs of the poor through new or continuing programs. Click here to be redirected to the request for proposals, and the preliminary application form, due March 7.

Heartland Executive Director Laurie Boyd encourages applicants to call her directly if they have questions. She can be reached at (317) 631-9410, ext. 2267, or by e-mail, Laurie.Boyd@ilsi.net.

Once the proposals are reviewed, finalists will be invited to submit a full grant application. These requests will be sent March 31. Applicants who receive invitations to submit full grant applications will have until May 9 to return their full grant application. The board is scheduled to meet June 5 and announce the grantees following that meeting.

"We're looking to find innovative ideas," said Heartland treasurer Sheila Jenkins.

Applicants must also show sustainability of their proposed programs, with the understanding that this is a one-time gift; there is no guarantee Heartland will receive more cy pres awards in the future.

Cy pres, which means "near to" in Latin, is an award that is made up of funds that are not distributed to parties in a class action lawsuit because not all parties in the class can be located. Either both sides agree or a judge decides who will receive the cy pres award.

In this instance, a case in the U.S. District Court for the District of Northern Indiana, Darrell Bruce v. Grieger's Motor Sales, Inc. and Capital One Auto Finance, No. 2:05-CV-230, Bruce and other plaintiffs in the class action had received a notice in the mail about how their credit revealed that they could get auto loans.

In the class settlement agreement, dated Nov. 21, 2006, defendants were to pay the sum of $313,947.50. The cy pres money was granted in an order from the court, signed by Judge Rudy Lozano and dated June 13, 2007.

In the defendants' report on the distribution of settlement funds, dated Sept. 10, 2007, including checks that were uncashed and undeliverable, along with $24.67 in excess funds in the account, the cy pres amount came to a grand total of $65,787.07. The check to the cy pres recipient, HPBC, was received Aug. 24, 2007.

To learn more information, read the story about the grant in Jan. 23-Feb. 5, 2008, edition of the Indiana Lawyer.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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