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Bar Crawl

Bar Crawl is Indiana Lawyer’s new section that will highlight 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.

Following a car accident in early June, a St. Joseph County deputy prosecutor’s life was dramatically changed.

Since then, Geoff Spiess said he has been overwhelmed with the amount of support he has received from the legal community, including his employer and the St. Joseph County Bar Association, which helped hold a fundraiser Aug. 8 for Spiess and his family.

That event brought in 400 people and more than $5,000, which he said was in addition to other financial and emotional support the family had already received.

The Mishawaka family – Geoff, a second-career attorney who was admitted to practice law in October 2008, his wife, Jennifer, and their four children – were returning from a vacation in Atlanta, Ga., June 2 when he swerved and the car flipped over when they were driving through Fulton County.

Geoff couldn’t remember what caused the accident, but police on the scene said he was likely swerving to avoid something in the road, according to news reports.

Geoff, Jennifer, and daughter Hayden were air lifted to Fort Wayne from the accident site. The other three children were taken to the hospital by ambulance.

As a result of the accident, Hayden, 15, suffered two broken ankles and a broken left wrist.

“She is out of her casts and is recovering nicely and is doing physical therapy,” Spiess said via e-mail Aug. 12.

Mallory, 12, suffered a cut on her knee that required five stitches but was otherwise fine, he said.

Taft, 8, and Tanner, who has since turned 6, were uninjured.

Geoff broke two fingers and suffered soft tissue damage and lacerations in his left hand that was crushed, he said. His thumb and wrist are still recovering, but he said those injuries have not significantly affected his daily living. He also had a skull fracture and internal bruising that he said, “seems to be healed.”

But Jennifer suffered the most injuries: She broke both of her tibias, both of her fibulas, her pelvis, her tailbone, her humerus, shoulder bones, and nose. She also suffered compression fractures in several vertebrae in her lower back. Her head injury involved bleeding on the brain. She also had numerous lacerations that were stitched and stapled.

Since the accident, a pelvic external fixator and metal pins in one leg have been removed, Geoff said. She also has lost weight and has nerve damage in her right shin and foot.

“But overall her body is recovering slowly but steadily,” he said.

However, he added, “her tailbone is ‘anatomically out of place’ according to doctors, but her original orthopedist and a spinal specialist ruled further surgery too risky.”

Beyond these physical injuries, Geoff said, “our biggest concern is her brain injury. She has had serious short-term memory problems and confusion/dementia, although we have seen encouraging improvement the last week or so.” 

Shortly after the accident, Geoff and Jennifer’s children stayed with Geoff’s brother in Cincinnati and returned home to Mishawaka in mid-July.

Geoff stayed with Jennifer in Fort Wayne for the five weeks she was there after the accident and would visit the children on weekends.

In early July, Jennifer was moved to a rehabilitation facility in Batesville. Since then, Geoff has visited her there every weekend, except the weekend of the fundraiser.

The children saw Jennifer for the first time since the accident the weekend of July 24, and again the next weekend, he said.

“Our next step is to move her to an in-patient rehab facility, hopefully in the South Bend area, or at least closer to home,” Geoff said.

As far as the help he’s received from the community, he said, “my reaction is to be overwhelmed with gratitude. I am amazed at the outpouring of generosity and concern from all corners. In the legal community, I cannot say enough about the St. Joseph County Prosecutor’s Office, where I work. People in the office took up a financial collection right away. People took care of all sorts of details for me. …

“Numerous members of the local bar have made extremely generous financial donations, in addition to contributing at the fundraiser.  And when I see people in court, nearly everyone first asks me how we are doing before delving into whatever business we have.”

He added his boss, St. Joseph County Prosecutor Michael Dvorak, drove to Fort Wayne one Saturday to visit Geoff and Jennifer at the hospital.

He also thanked Tom Walz at Hahn Walz & Knepp for handling the donations and a number of related legal matters for the Spiess family. 

The family has had a Caring Bridge website for friends and family to keep up-to-date on Jennifer’s progress at www.caringbridge.org/visit/spiess. Neighbors of the Spiesses, Kathy Dempsey and her husband, Scott, maintain that site.

Donations are still being accepted for the Spiess Family Fund. They may be sent in care of Tom Walz, Hahn Walz & Knepp Attorneys at Law, 509 W. Washington Ave., South Bend, IN 46601, or by calling (574) 232-5988 for more information.

“I just cannot thank everyone enough for the tremendous outpouring of thoughts and prayers, along with the assistance,” Geoff said. “I am truly humbled and amazed by the generosity. People I have not even met have done very charitable things. I am so very impressed by how selfless so many people have been. I don’t feel I deserve it, but I certainly appreciate it.”•

– Rebecca Berfanger

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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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