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IBA Bar Leader Series Class X: Public Safety in the Spotlight

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By Kevin Morrissey, Lewis & Kappes

Regrettably, we see all too often in the news the various threats to the safety of our citizens in Indianapolis and throughout the country. These struggles are universal and impact all of us as a society in different ways.

In March, the Indianapolis Bar Association’s Bar Leader Series X met to focus on the many public safety challenges our community faces, as well as areas of opportunity to expand public safety measures. As aspiring leaders, the message for our group was that each of us must step up to our responsibility as members of the bar and the Indianapolis community to help rectify ongoing safety and health issues as well as prevent future harm to fellow Hoosiers.

Before discussing public safety issues, former Indianapolis Mayor Bart Peterson addressed the class during the lunch hour. Mayor Peterson shared his views on leadership, specifically how individuals become leaders within organizations and communities. Interestingly, Mayor Peterson observed not necessarily the “most capable” among leaders were selected, but, instead, leaders often “self-selected” by being willing to take the “slings and arrows” that come with the role of a leader. I understood this to mean that courage is an indispensable characteristic of leadership. Leaders must have the fortitude to make unpopular decisions for the benefit of their organization or community. Mayor Peterson noted that “sometimes when you are trying to do something impossible, you just have to get started.”

Our group was then privileged to hear the story of the development of Lucas Oil Stadium and how Indianapolis negotiated a long-term relationship with the Indianapolis Colts. It was fascinating to hear the “inside baseball” version of events that led to creation of one of the NFL’s most modern stadiums and a revitalized convention center. Mayor Peterson stressed that in any negotiation, one must understand and appeal to the motivations of the other side. The key is to just “stay talking.” The process of meeting the goals of both the city and the Colts was clearly not always smooth sailing. It was intriguing to hear about some of the calculated risks the city took during negotiations. Moreover, this discussion emphasized to me that one cannot overlook the importance of personal relationships and trust in any negotiation, regardless of the dollar amount involved.

Next up were Marion County Prosecutor Terry Curry and Marion County Public Safety Director Troy Riggs, who discussed with our group the various proactive efforts their offices are currently implementing to confront public safety issues in Marion County. Mr. Riggs was recently named Public Safety Director, having been on the job only a matter of months, though it is clear that he has hit the ground running, establishing 30 “efficiency teams” to delve into a number of issues facing the Department of Public Safety. Mr. Riggs spoke regarding the Violent Crime Review Team which will develop a strategy to reduce violent crime rates in Marion County. Unfortunately, he reported that based on intelligence information the county is anticipating a tough summer in terms of violent crime. Additionally, Mr. Riggs noted that several of the efficiency teams will be drilling down on how the government can best utilize tax dollars to provide services to the public, making it clear that he believes the government should be as efficient as possible with its dollars.

Prosecutor Curry provided a detailed survey of his office and described several of the initiatives he has put into motion to combat serious challenges facing the County. Primarily, he stressed that he is focused on “restoring trust and faith in the office.” Prosecutor Curry shared a number of achievements in his office in recent years and indicated that increased emphasis will be placed on sharing information about those successes with the public. Of note, Mr. Curry mentioned recent success in updating and improving the system by which his office collects and manages child support obligations.

Finally, we heard from Dr. George Parker, Director of the Psychiatric Unit at IU Health. Dr. Parker shared with us that 15 percent of individuals in the Indiana Department of Corrections suffer from some form of mental illness, yet, people with mental illness are at a much higher risk of being the victim of violent crime as opposed to perpetrating a violent crime. Dr. Parker discussed the competency evaluations he regularly performs for the Marion County Courts. Interestingly, Dr. Parker discussed the Tony Kiritsis case and the fact that, as a result of this trial, the Indiana Legislature switched the burden of proof for insanity-pleading defendants from the prosecution to the defense. Not being raised in Indianapolis, this account of the Kiritsis case and its aftermath made Dr. Parker’s lecture a particularly compelling one.

Overall, this session of BLS X was once again a success. In light of the Boston Marathon tragedy, public safety was on all of our minds. The speakers’ advice hit near and dear to our hearts as we looked forward to Indianapolis serving as the international hub in the upcoming months for large events like the Mini Marathon, the Indianapolis 500 and the Indiana Black Expo.•

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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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