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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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