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. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. 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

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