ILNews

Counties, courts recover from flooding

Michael W. Hoskins
January 1, 2008
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Johnson County Prosecutor Lance Hamner rushed to his downtown Franklin office on Saturday to save computers and files from floodwater.

At first, water was about an inch high. Within an hour, the floodwater had creeped higher - he was being shocked while trying to salvage computers. The water suddenly reached 4 feet, making the prosecutor's office look more like an aquarium than an office. Rushing floodwater rose even higher, crushing doors shut, trapping him inside so that he couldn't even escape through the ceiling.

"By this point, I realized I needed to get out of there but there was no way out. Then I heard an explosion. The walls had collapsed," Hamner wrote in an e-mail to Indiana Lawyer, noting that he looked out a window at one point and saw National Guardsmen performing rescues. He saw one of his deputy prosecutors being rescued.

"A baseball bat that I had used as a demonstrative exhibit in an attempted murder trial floated by," Hamner wrote. "I slipped it to the guardsmen who used it to pound out a window and I climbed out through that."

Now, the Johnson County Prosecutor's Office is destroyed and Hamner is working to find a temporary setup as the local legal community pushes forward.

Hamner's story is just one of several resulting from the storms Saturday that dropped up to 11 inches of rain on parts of the state, closing roads and flooding homes and businesses. The governor requested emergency federal aid late Sunday and overnight the president granted that request, declaring 29 counties disaster areas.

The legal community in Johnson County is most impacted by flooding at the prosecutor's and Court Appointed Special Advocates/Guardian Ad Litem offices. Both are destroyed, locals said. Water mixed with sewage reached about six feet inside the building, located below ground level just west of the historic county courthouse.

Multiple county offices and criminal court files kept in the prosecutor's office are drenched, as well as the Franklin City Court that is inside the police department south of the county square. City court officials couldn't be reached this morning, but Johnson Circuit Judge Mark Loyd said the local city court is likely closed for at least a few days because of damage.

Judge Loyd said his court is allowing prosecutors to use its computer system to pull up records and plea agreements so that court proceedings can go on, though some continuances are likely.

Court officials in other counties contacted this morning say that their courts are open and operating in many of these jurisdictions, including those in hard-hit areas of Bartholomew, Jackson, Morgan, and Vigo counties. Some local law offices were damaged, but many in those communities also escaped widespread destruction.

In Columbus, attorney Rich Eynon said his office on the outskirts of town wasn't impacted by the flooding that hit other areas and some downtown law offices more significantly. Many in the downtown area are just blocks from the river, and fortunately the floodwater didn't go toward the county courthouse, he said. Bartholomew County court officials reported they were open today.

"From the legal perspective, it could have been worse because it went everywhere so indiscriminately," he said.

By late morning, no county courts had requested any special assistance for flooding through a disaster action plan rule that went into effect Jan. 1, according to David Remondini, chief deputy director of the Indiana Supreme Court's Division of State Court Administration.
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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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