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IndyBar: TRAC 2014: Networking, Education and … Moonshine?

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By Wesley A. Zirkle, Executive Vice President & General Counsel, JMITRAC Co-Founder & 2015 Conference Chair

The seventh annual The Racing Attorney Conference (“TRAC,” as it is better known) was held this year in Charlotte, N.C., April 8 and 9. For those of you already familiar with TRAC, please allow me a few sentences to provide others with some background.
 

iba-photo-award-15col Steve Newmark (pictured at left), President of Roush Fenway Racing, presents the 2014 TRAC STAR Award to Stoke Caldwell, Partner at Robinson, Bradshaw & Hinson.

TRAC was founded to facilitate networking and learning among attorneys whose practices touch some form of motorsport, with particular emphasis on uniting the open-wheel and stock car legal communities. The conference therefore rotates between Indianapolis and Charlotte every year, co-sponsored by the Indianapolis Bar Association and the North Carolina Bar Association. Over the past few conferences, a friendly rivalry has developed between conference organizers in Indy and those in Charlotte, trying to one-up each other with better and better conferences. This year, Charlotte set the bar high for those of us organizing TRAC 2015 in Indy.

What started as an effort to get a handful of attorneys from Indy and Charlotte to share ideas has turned into something much greater. TRAC 2014 had more than 100 attendees from 15 different states! Moreover, it has turned into the “must attend” event for many of motorsports’ behind-the-scenes power brokers. Attending TRAC virtually guarantees a conversation will be had, or a friendship formed, with men and women who had a part in shaping motorsports from just a bunch of speed freaks and moonshine runners to a multibillion-dollar industry.

And speaking of moonshine runners, I said that the Charlotte organizing committee set the bar high and they did. The cocktail reception featured an appearance from legendary NASCAR driver Junior Johnson, one of the original pioneers of the sport who literally turned moonshine running into stock car racing. And he brought presents! In his retirement, Mr. Johnson founded a legitimate moonshine manufacturing business, creating traditional and flavored moonshine. Each speaker at TRAC received a complimentary jar of Junior Johnson’s Midnight Moon moonshine. Mine was cranberry… more on that below.


iba-junior-johnson_15col.jpg Junior Johnson speaking to attendees of TRAC 2014 during the cocktail reception

But my Charlotte colleagues didn’t stop there. The keynote speaker for the conference’s second day was Kelley Earnhardt Miller, Dale Earnhardt Jr.’s sister and business manager. She is widely regarded as one of the most powerful women in all of motorsport, and I can add to that a very gracious and sincere person… and a terrific storyteller.

TRAC also takes time each year to honor an individual who has made a significant contribution to the field of motorsports law by giving the TRAC Star Award. This year’s honoree was Stokely (“Stoke”) G. Caldwell Jr. For those of you who don’t know him, Stoke is the guy that many of NASCAR’s elite rely upon for legal advice (including Jeff Gordon, Dale Earnhardt Jr., Danica Patrick, Ray Evernham, and Roush Fenway Racing). He is an expert practitioner, a true gentleman, and an example to those of us younger attorneys who follow him. Stoke is also a co-founder of TRAC. He is a truly deserving honoree.

We also managed talked about law this year. The quality of the panels and discussions continues to be exceptional, providing high-quality content that isn’t available anywhere else. This year’s panels discussed sponsorship, tax and finance issues, insurance, compensation, intellectual property, immigration, sponsorship activation, track and facilities issues, and SAG/AFTRA, all with a focus on the issues unique to motorsports.

TRAC 2015 will be in Indianapolis April 14-15. Planning is already underway, and we endeavor to exceed the exceptional conference that our Charlotte friends hosted this year. I hope to see you there!

Before I close this column, I must share my Old Fashioned recipe which I created after trying Junior Johnson’s cranberry moonshine:

2 oz. bourbon

1 tablespoon of Junior Johnson’s Midnight Moon Cranberry Moonshine

1 splash of orange liquor

1 dash of orange bitters

As much or as little ice as you like in your Old Fashioned

Think of a cranberry-orange muffin in bourbon form. Wow!•

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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