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Bentley: Darden honored for impact, influence on legal community

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Indiana Lawyer Commentary

By Cassandra A. Bentley

On September 14, 2012, the Marion County Bar Association hosted a retirement dinner in honor of Judge Carr L. Darden, who retired as a full-time appellate judge from the Indiana Court of Appeals on his 75th birthday, July 21, 2012. The event was held at the downtown Indianapolis Marriott and included dinner, musical entertainment and remarks from several individuals to whom Judge Darden has served as a colleague, mentor, family member and friend.

The dinner was attended by more than 230 guests, including judges and attorneys from the Indiana legal community, as well as many of Judge Darden’s family and friends. Proceeds from the dinner will benefit the Judge Carr L. Darden and Mrs. Lundy Darden Public Sector Legal Education Scholarship Fund, a recently established scholarship at Judge Darden’s alma mater, the Indiana University Robert H. McKinney School of Law in Indianapolis.
 

darden-mcba-15col.jpg Lundy Darden dances with her husband, Judge Carr Darden, at the retirement dinner held in his honor by the Marion County Bar Association Sept. 14, 2012. (Photo/James Carey)

Masters of ceremony for the celebration were the Hon. Judge Tanya Walton-Pratt, U.S. District Court for the Southern District of Indiana, and her husband, attorney Marcel A. Pratt Jr. Several speakers gave remarks about the impact that Judge Darden has made in the Indianapolis legal community and beyond, including fellow Indiana Court of Appeals judge, the Hon. James Kirsch; past president of the Indiana State Bar Association, Roderick Morgan; president of the Indianapolis Bar Association, Scott Chinn; attorney Wandini Riggins, former law clerk for Judge Darden; daughter Bellary Darden-Davis; and past chair of the MCBA board of directors Nathaniel Lee. Following dinner and remarks, guests joined Judge Darden in one of his favorite activities, dancing, with music provided by disc jockey Norman Reed, attorney at law. Throughout the evening, guests had the opportunity to record video messages to Judge Darden to express their appreciation and well wishes.

Among the distinguished guests were current and former judges, including Chief Justice Brent Dickson and Justice Steven David, Indiana Supreme Court; Chief Judge Margret Robb and Judges Mark Bailey, John Baker, Paul Mathias and Patricia Riley, Indiana Court of Appeals; Judge John Tinder, 7th Circuit Court of Appeals; Magistrate Judges Denise K. LaRue and Tim Baker, U.S. District Court for the Southern District of Indiana; Justice Myra Selby, Indiana Supreme Court (retired); Judge John Christ, Marion Superior Court (retired); Judge Annie Christ-Garcia, Marion Superior Court; Judge John M. Sedia, Lake Superior Court; Judge Roland Chamblee, St. Joseph Superior Court; Judge Stanley Levine, Allen County Superior Court; Administrative Law Judge Noell Allen; Judge Ricardo Rivera; and Judge Maxine King.

Judge Darden has been a valuable member of the Indianapolis legal community for over 40 years. He was named to the Court of Appeals by Gov. Evan Bayh in October 1994, and was only the second African-American to serve on that court. Judge Darden formerly served as a presiding judge in the Marion Superior Court and the Marion Municipal Court systems. He also served as the chief deputy state public defender of Indiana. Following his retirement, Judge Darden was appointed senior judge on the Court of Appeals by the Indiana Supreme Court on July 24, 2012.

Judge Darden is a lifetime member of the MCBA, the National Bar Association, and the National Association for the Advancement of Colored People. He is also a member of the American Bar Association, the ISBA, and the IBA, and a Distinguished Senior Fellow of the Indianapolis Bar Foundation. Judge Darden has been honored twice as a Sagamore of the Wabash, Indiana’s highest distinguished citizen award. In July 2012, the Indiana Continuing Legal Education Opportunity Program announced that its summer institute would be renamed the “Carr L. Darden CLEO Summer Intern Program” in his honor.

To give back to the legal community, Judge Darden and his wife of 57 years, Lundy Darden, established the scholarship fund at I.U. McKinney School of Law in July 2012. The scholarship will be awarded to students at the law school who have demonstrated an interest in state and local government and pursuing careers in public service. Donations to the scholarship may be made through the Indiana University Foundation at the I.U. McKinney School of Law, and contributions should be designated to go to the Darden Public Sector Legal Education Scholarship Fund.

Judge Darden has been an invaluable member of the MCBA for several decades. He served as a longtime member of the board of directors and has provided guidance and mentoring to countless young lawyers in the Indianapolis community. He has always had an open door to the members of the bar association and continues to advise the board whenever he is called upon for additional guidance. The MCBA is eternally grateful to Judge Darden for his instrumental role in the growth and development of the organization and its members and wishes him well as he transitions into the next chapter of his legal career.

The MCBA was founded in 1925 as an association for African-American attorneys who, until 1952, were excluded from the ABA and other majority bars. Today, the MCBA continues to serve as an organization dedicated to addressing the needs of all minority attorneys through mentoring, education, community service and activism, and the furtherance of diversity in the Indianapolis legal community.•

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Cassandra A. Bentley is a law clerk for the Hon. Magistrate Judge Mark Dinsmore at the U.S. District Court for the Southern District of Indiana. She also serves on the board of directors of the MCBA and the Judges and Lawyers Assistance Program committee.

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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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