Pacers 97, Celtics 70 — The Pacers will go on to play Detroit in the second round of the playoffs. Pretty amazing given what they’ve dealt with this year.
Church kicks out congregants for being Democrats
Here is a disturbing story. The Asheville Citizen-Times reports that CITIZEN-TIMES.com: Church members say they were kicked out for being Democrats.
Nine members of a local church had their membership revoked and 40 others left in protest after tension over political views recently came to a head, church members say.
Some members of East Waynesville Baptist Church voted the nine members out at a recent scheduled deacon meeting, which turned into an impromptu business meeting, according to congregants.
Chan Chandler, pastor of East Waynesville, had been exhorting his congregation since October to support his political views or leave the church, said Selma Morris, a 30-year member of the church.
“He preached a sermon on abortion and homosexuality, then said if anyone there was planning on voting for John Kerry, they should leave,†she said.
Indy Star on Speed limits
Kevin Corcoran, for the Indy Star, in an article entitled Governor approves higher speeds, reports that the higher speed limit law –allowing 70 mph on interstates outside of urban areas– has been signed and will go into effect July 1. There was some discussion of whether officers would give speeders the same kind of cushion they did when the speed limit was 65 mph. But what struck me was this quote from Indiana State Police Lt. Scott Beamon:
““Some officers will adjust what their tolerance is,†Beamon said. “I imagine that adjustment would be downward. That’s left to their discretion.
“The only thing we don’t allow discretion over is seatbelt violations. Those are zero tolerance.”
I thought it was interesting that seat belt violations went from being only secondarily enforceable (that is, the police couldn’t pull you over solely because of a seat belt violation) to being “zero tolerance.”
SEA 32 Handgun licenses and noncitizens
SEA 32 Handgun licenses and noncitizens. Criminal law. Sen Zakas, Hume; Rep. Ulmer, Alderman.
Restricts the issuance of handgun licenses to only citizens and noncitizens allowed to carry a firearm in the U.S. under federal law. Prohibits issuance of a license to a person barred from possessing a handgun because of a court order or to a person convicted of a crime of domestic violence, unless a court has restored that person’s right to obtain a license.
SEA 30 – Committees, commissions, and authorities
SEA 30 Committees, commissions, and authorities. State and local administration. Sen. Alting; Rep. T. Brown, Ayres.
Continues the rail corridor safety committee until November 1, 2010, and requires an additional report.
Reestablishes the government efficiency commission (which expired January 1, 2005) until January 1, 2006, and directs the commission to make recommendations to the governor concerning the advisability of continuing or modifying all boards and commissions. (This is, apparently, what remains of the Governor’s initial attempt to eliminate all boards and commissions and transfer their power directly to his office.) Directs the governor to review the recommendations and submit those that will improve the efficiency and operation of state government to the legislative council for its review.
Adds members to the Lake County regional transportation authority. One from the Valpo’s mayor’s office, one from the Portage mayor’s office, and a member of the Porter County Board of Commissioners. The members appointed from Porter County may not vote on the distribution or payment of money by the authority unless Porter County pays a share of the authority’s budget.
Establishes the northwest Indiana transportation, infrastructure, and economic development interim study commission.
Pacers lose in OT
The Pacers lose Game 6 to Boston in overtime. I could’ve been blogging.
In Re: Contempt of Wabash Valley Hospital
In Re: Contempt of Wabash Valley Hospital Thanks to Kemplog for the catch.
This case is pretty interesting. The Jasper Superior Court held two administrators of the Wabash Valley Hospital in contempt for refusing to abide by an emergency committment order of the court requiring that an individual be committed somewhere. (The order was apparently blank as to the committee’s destination, but the Jasper County Sheriff orally advised Wabash Valley that the order was intended for their facility.) The judge held contempt proceedings, and when the prosecutor made its prima facie case, the judge then apparently refused to let the hospital administrators testify as to their decision not to commit the person. (Though the prosecutor apparently argued on appeal that the hospital’s attorney did not offer its witnesses vociferously enough — a slightly ridiculous argument, imho, though I wasn’t there, so maybe I just don’t understand what the situation was.)
Declining to hear testimony from hospital officials at the contempt hearing deprived the hospital of due process. Due process requires not only notice of the basis for the alleged contempt but also an opportunity to be heard on the record to address the allegations. Harper, 809 N.E.2d at 350.
The trial court’s decision to limit the hospital’s testimony was based on its erroneous view that the hospital would not be able to provide any evidence that would excuse its non-compliance with the order. The trial court’s belief that the hospital could have no excuse for declining to admit P.H. was grounded on an improper understanding of the law governing emergency detentions, as discussed in the previous section of this opinion.
The trial court had determined, apparently, that Wabash Valley was not entitled to decline the court’s order. The Court of Appeals reviewed the statutes and determined that the supervisor of Wabash Valley could decline admission on the basis of a lack of capacity. The majority of the court determined that a court could review the supervisor’s decision to determine whether the decision was made properly. Judge Kirsch, however, had to write separately to express his reservations about trial courts second guessing the supervisors’ decisions.
In making the determination regarding the admission of a patient subject to an emergency detention order, the superintendent of a community mental health center must balance a myriad of concerns. These range from issues of patient and staff safety to economic and liability concerns to compliance with the requirements and standards of regulatory bodies and accrediting organizations. Moreover, this balancing must occur almost instantaneously under the pressure of the moment presented by the emergency detention order. In making such calls, superintendents should not face being second guessed in contempt proceedings before trial courts themselves under the pressure of a difficult emergency placement. Allowing trial courts to hold superintendents in contempt for exercising their discretion to decline admission to an emergency detention detainee allows the courts to do indirectly what they cannot do directly — make the ultimate determination regarding admission.
SEA 18 – Loss of office by convicted official
SEA 18 Loss of office by convicted official. State & local administration. Sen. C. Lawson, Mrvan; Rep. Foley.
Provides a definition of “felony” for the provision that disqualifies a state or local government official if the official has been found guilty of a felony. For that statute, “felony” means a conviction in any jurisdiction for which the convicted person might have been imprisoned for at least one (1) year. It does not include a conviction for which the person has been pardoned or that was reversed, set aside, or vacated.
SEA 15 Absentee Ballots
SEA 15 Absentee ballots. Senator C. Lawson, Waterman; Rep. Richardson, Thomson.
Provides that an absentee ballot application may not be given to a voter if certain information has been filled out before the application is given to the voter, specifically a request for a particular party ballot, designation of the type of absentee ballot requested, the reason why the person says they’re entitled to vote absentee. Permits other information to be filled out before given to the voter, including the name, address, date of birth, and voter identification number of the absentee voter.
Requires an individual who assist a voter complete certain information on an absentee ballot application or who files an absentee ballot application for another individual to sign an affidavit attesting to certain information, including their identity and contact information. Requires an applicant for an absentee ballot to affirm the content of the application under the penalties for perjury. (Keep in mind, that a voter who actually shows up at the polls is not entitled to establish his or her identity by submitting an affidavit. If you go to the polls, you have to produce a state or federal identification.)
Establishes noon of the day before election day as the deadline for a confined voter or a voter caring for a confined person to submit an absentee ballot application by fax. Permits a county election board member or an absentee voter board member to file an affidavit alleging that an absentee ballot application has not been filed according to law.
Provides that a person may not engage in electioneering in the presence of an individual who possesses an absentee ballot. Provides that a voter who is an address confidentiality program participant is entitled to cast an absentee ballot.
Requires a member of the voter’s household or the voter’s attorney in fact who deliver an absentee ballot to a voter to affirm the voter’s identity and the identity of the person delivering the ballot under penalties for perjury. (No need for an ID, apparently).
Allows an authorized agent or employee of a county election board; or an employee of a bonded courier company; to handle or deliver a voted or unvoted absentee ballot. Allows a person who receives a voted absentee ballot to deliver the ballot to the county election board in person, by United States mail, or by a bonded courier company.
Requires a person who votes an absentee ballot before an absentee board in the office of the circuit court clerk or at a satellite office to provide proof of identification before being permitted to vote.
Establishes new criminal offenses relating to fraud and misrepresentation in elections.
Excludes from the definition of “electioneering” a person’s communications to: (1) the person’s spouse; (2) an incapacitated person for whom the person has been appointed guardian; and (3) a member of the person’s household. Provides that “electioneering” does not include expressing support or opposition to a candidate or a political party or expressing approval or disapproval of a public question as long if such expression is done by mail, otherwise such expression does constitute electioneering.
J&C on local reaction to state budget
The Lafayette Journal and Courier has a story on the reaction of politicians in the Lafayette area to the budget passed by the General Assembly. They’re still digesting the details, but they say it looks like the General Assembly has kicked the responsibility for raising taxes down to the locals. Local government is saddled with state and federal mandates that state and local government has not seen fit to fund. The taxing tool made available to local government is to raise taxes. One thing the Republicans were right about when they stormed into power on the federal level back in ’94 with the Contract with America was their objection to unfunded mandates. Can’t say I’ve heard much about that in a long time.
For example the article mentions, “Clinton County faces having to buy voting machines to comply with the Help American Vote Act as well as hiring more sheriff’s deputies to comply with federal guidelines, among other expenses.” So, the federal politicians get to take credit for passing legislation designed to help voters and for making the streets safer. The local politicians have to do the unpopular things (usually voting for a tax) necessary to pay for these things. Doesn’t seem fair to me. Well, as they say, “shit rolls downhill”. Just another example of that, I guess.
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