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Jason Simmons

Have Gun (Class) – Will Travel

October 21, 2016 by Peg Leave a Comment

If your life is so bereft of excitement you have actually read this column the past week or so, you may recall I have been helping teach an Internet class for the National Judicial College. Judges from across our great land tune in, sign on and discuss subjects from the currently hot areas of Children in Need of Services to Court Management. This week’s topic was Court Security and the lead faculty member was my good friend from Mississippi, Judge D. Neil Harris.

During the class judges participated via computer and telephone as we delved into many facets of how our courts should be protecting those who use and those who operate them. Gentle Reader, you may not be surprised to hear that it is not just the Judge of the Posey Circuit Court whose decisions are occasionally at odds with the thoughts of those whose lives are affected by them. It turns out that practically every person everywhere thinks she or he could have arrived at a better legal conclusion than the ones delivered by judges. Sometimes these court participants or their supporters get upset.

While there were many opinions and suggestions by the judicial faculty and the judges who were students as to how best to ensure those who must use our courts and those who are privileged to operate them can do so in a calm, reasonable and safe environment, the area of most varied positions concerned the role of firearms.

On a personal note, for the first thirty-five years of my tenure on the Bench, Posey County courts simply relied on the good will of all involved or more accurately, good luck. But in 2016 our sheriff, Greg Oeth, sought necessary additional deputies. The County Council and County Commissioners acceded to his well-documented requests as required by the rulings of the Indiana Supreme Court and provided officers who are available in court. Thank you on behalf of the public who must use the courts and the court staff who work there.

However, extra court security personnel was not the most examined topic in the Internet course. As I mentioned above, it was how or when or if judges and their court staffs should help provide their own security by carrying guns.

This column is not a column about the Second Amendment. The theory of firearm ownership, possession and use is for the legislative and executive branches. The judicial branch’s role is to decide cases that are brought to court. What we in the Internet course were trying to determine was not whether guns should be available to judges and their staffs but whether any guns that are legally available should be carried by judges and their staffs.

Gentle Reader, if you have made it this far I have good news for you. What I plan to do is relate two anecdotes then quit. I hope they illustrate what was the consensus of the judges in the course.

First, let’s delve into the meaning of an instructional video I did in 2014 for a course I taught for the Municipal Court Judges of Missouri. Court Security was part of my lectures.

To make the video I commandeered friends such as Chuck Minnette, Marty Crispino, Greg Oeth, Tom Latham, Jason Simmons and Rodney Fetcher. Jason wore his camouflage fatigues and brought his AR15 with him to the courthouse. He ran into the courthouse at about 10:00 a.m. on a workday, brandished his AR15 and yelled, “Where’s the Judge?” The only reaction from those in the courthouse that day was to point towards the courtroom. One lady walked right by Jason and instead of being alarmed or sounding an alarm simply asked, “Where’s the Clerk’s Office?” In 2014 Posey County’s court security was a little lax.

The second example comes from yesterday as Peg and I were talking to an Osage County, Oklahoma Sheriff’s Deputy who is also a certified instructor on gun safety and court security. His business card is a play on the television series Have Gun – Will Travel that starred Richard Boone as Paladin, a gunman for hire. Paladin’s card read, “Have Gun – Will Travel”. Paul Didlake, the Osage County Deputy, has the following card: “Have Gun Class – Will Travel”.

Paul told Peg and me about a recent Oklahoma case where a woman who had a gun license and carried a pistol in her purse was raped and murdered. She had left her purse in her car.

Paul told us his mantra for personal security is: “The best kind of gun to have is the one you actually carry.”

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Filed Under: Circuit Court, Gavel Gamut, Indiana, Internet class, National Judicial College, Oklahoma, Posey County Tagged With: AR15, certified instructor on gun safety, Children in Need of Services, Chuck Minnette, Court Management, Court Security, firearms, gun, gun class, Have Gun - Will Travel, Have Gun Class - Will Travel, Indiana Supreme Court, Internet course, James M. Redwine, Jason Simmons, Jim Redwine, Judge D. Neil Harris, judges, Marty Crispino, Mississippi, Municipal Court Judges of Missouri, National Judicial College, Oklahoma Sheriff Deputy, Osage County, Paladin, Paul Didlake, personal security, pistol, Posey Circuit Court, Richard Boone, Rodney Fetcher, Second Amendment, Sheriff Greg Oeth, the best kind of gun to have is the one you actually carry, Tom Latham

Vikings & Eagles Unite

September 16, 2016 by Peg Leave a Comment

Michelle Fortune and Jason Simmons are Posey County Probation Officers who work out of the same office on the first floor of the courthouse. They and their spouses have been friends for many years. Michelle and Jason both graduated from North Posey High School (the Vikings), Michelle in 1995 and Jason in 1994. Michelle and Jason both graduated from U.S.I. (the Screaming Eagles) in 1999.

Michelle is married to Detective Jeremy Fortune of the Posey County Sheriff’s Department. They have two children, Emily and Reagan. Jason and his wife Christine have two children, Alexa and Logan. Christine is a credit analyst for Old National Bank.

Michelle and Jason give generously of their time, talent and money to several public organizations. Jason and his family attend Frances Xavier Catholic Church and Jason has been a volunteer youth baseball, softball and basketball coach for several years. Jason plays golf and mows a lot of grass at his rural home near New Harmony, Indiana.

Michelle fought and defeated cancer and continues to maintain a regimen of physical fitness. She has competed in Spartan Races and serves as president of the Mt. Vernon F.O.P. Lodge #133 Auxiliary. Michelle is also a volunteer member of the important Posey County Critical Incident Response Team.

Michelle has been with the Posey Circuit Court Probation Department since July 1999. Jason joined the Probation Department in 2003. Together they perform myriad duties while working mainly with adult probationers. At my request, they have listed some of their duties as set forth below:

Conduct pre-hearing and pre-sentence investigations and prepare reports as required by law;

Assist the courts in making pretrial release decisions;

Assist the courts, prosecuting attorneys, and other law enforcement officials in making decisions regarding the diversion of charged individuals to appropriate non-criminal alternatives;

Furnish each person placed on probation a written statement of the conditions of probation and give instructions regarding how those conditions are to be met;

Supervise and assist persons on probation consistent with conditions of probation imposed by the court;

Bring to the court’s attention any modification in the conditions of probation considered advisable;

Notify the court when a violation of a condition of probation occurs;

Cooperate with public and private agencies and other persons concerned with the treatment or welfare of persons on probation, and assist them in obtaining services from those agencies and persons;

Keep accurate records of cases investigated by the probation officer and of all cases assigned by the court and make these records available to the court upon request;

Collect and disburse money from persons under supervision according to the order of the court, and keep accurate and complete accounts of those collections and disbursements;

Assist the court in transferring supervision of a person on probation to a court in another jurisdiction; and

Perform other duties required by law or as directed by the court.

During the course of performing these duties, a Probation Officer often takes on other roles such as social worker, therapist, and broker of services. Although probation officers are not allowed to give legal advice they must be knowledgeable in many areas of the law as often times they become witnesses and must testify in Court.

Posey County’s six probation officers work as a team. The fact that long-time friends can collaborate on these important matters provides even better public service.

 

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Filed Under: Circuit Court, Gavel Gamut, Judicial, Posey County Tagged With: Christine Simmons, Frances Xavier Catholic Church, Jason Simmons, Jeremy Fortune, Michelle Fortune, Mt. Vernon F.O.P. Lodge #133 Auxiliary, North Posey High School, Posey County, Posey County Critical Incident Response Team, probation officer, Screaming Eagles, Spartan Races, U.S.I., Vikings

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