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Lake County lawyers hold memorial service

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Bar Crawl is Indiana Lawyer’s section highlighting bar association news around the state. We try to include bar association news and trends in our regular stories, but we want to include more news from specialty and county bars. If you’d like to submit an update about your bar association or a photo from an event your bar association has hosted to Indiana Lawyer, or if you have questions about having your bar association news included in the newspaper, please send it to Rebecca Berfanger, rberfanger@ibj.com, along with contact information for any follow-up questions at least two weeks in advance of the issue date.

The Lake County Bar Association recognized and remembered 19 attorneys who died in 2010 at its annual memorial service Jan. 4 at the Lake Circuit Court in Crown Point.

Lake Circuit Judge George C. Paras called the program to order as his first official order of business for 2011, and Lake County Bar Association President Julie R. Glade welcomed all in attendance and introduced Valparaiso attorney and former LCBA president Daniel Gioia to begin the program.

Executive director of the Lake County Bar Association Debra White said the courtroom was filled with friends, families, attorneys, and judges in the Lake County legal community who knew those who were remembered.

“As a first time attendee of the memorial service, I was extremely impressed with the entire program. I thought the service was conducted in a classy and respectful format – one which allowed family and friends to come sit in the actual courtroom where many of their loved ones spent so much time,” White said via e-mail.

The attorneys remembered were Michael S. Vass of Highland, Luci Horton of Gary, LeRoy Dakich of Crown Point, Herbert S. Lasser of Chesterton, G. Edward McHie of Hammond and Denton, Md., Col. Lowell E. Enslen of Hammond, Thomas Lee Smith of Highland, John C. Skinner of Crown Point, Patrick J. Dougherty of Valparaiso, Kenneth L. Kostbade of Hobart, Saul I. Ruman of Dyer, Edwin T. Brown Jr. of Merrillville, Frederick T. Work Sr. of Gary, James V. Tsoutsouris of Valparaiso, Marvin E. Silverman of Whiting, Nick J. Thiros of Merrillville, Benedict R. Danko of Whiting, Gilbert F. Blackmun of Highland, and Edmund A Schroer of Hammond.

Among those in attendance was Highland attorney Debra Lynch Dubovich, who knew most of the 19 lawyers being remembered and gave the eulogy for Vass, who died Jan. 24, 2010.

“Every year, it is sobering to remember our fallen friends and colleagues, the attorneys we have lost during the previous year. It seems appropriate to begin the year embracing those memories, laughing about the good times and shedding a tear or two over the loss to our profession and in our personal lives. The memorial service sponsored by our bar association gives us that opportunity,” Dubovich said via e-mail.

The county-wide tradition of having a memorial service in the Lake Circuit Court dates back to 1989, Gioia said, but before the Lake County Bar Association existed as a unified bar association for the county, the Hammond Bar Association held a similar memorial event that would take place on the first day of court business for every new year in Lake Superior Court in Hammond. That tradition started in the 1970s.

The LCBA has an Honors and Necrology Committee, whose chair and assistant committee members collect obituaries of attorneys from the local newspapers. Each fall, they contact family members, partners, associates, and close friends to decide who could deliver a short eulogy to honor each deceased lawyer.

Since 1989, Enslen, who died May 15, 2010, and Gioia, served as committee chairs, and Arnold Krevitz acts as co-chair. The LCBA president also serves as an ex-officio member of the committee, pursuant to the LCBA bylaws.

The LCBA videotapes the presentations for family members and others who cannot attend. The only year since 1989 without a ceremony was 2007, when only one attorney from Lake County died.

Gioia thanked court secretary Nikki Angel for being helpful, cooperative, and instrumental in confirming the arrangements for this annual event.

Gioia said that after each memorial service, as the chair of the Honors and Necrology Committee, he presents a formal motion for the court to keep a record of the proceedings to be “preserved forever in the court archives, for the future and for all posterity.”

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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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