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Letters

March 25, 2009

LETTERS: March 26, 2009

Reader stands up for Judge Cody



I am writing in response to the letter from Carol Lamb, published in The Tribune on March 15, chastising Floyd Circuit Court Judge Terrence Cody for three recent decisions regarding zoning issues that purportedly “endanger” the safety of Floyd County citizens.

With all due respect, Ms. Lamb apparently does not understand either the proper role of a trial court judge or the sustained and unwavering effort to fulfill that role that I have observed of Judge Cody.

I have had the privilege of practicing before Judge Cody since he was first elected to the bench. My clients have prevailed in some of my cases before Judge Cody, and in others, they have lost. However, regardless of the outcome, I have never been unable to give my clients an absolute assurance that Judge Cody had fairly determined the facts based on the evidence produced at trial, or that he had attempted in good faith to apply the relevant law to that evidence in reaching his decision. From my personal experience, Judge Cody attempts to move cases through his court in a prompt, professional and impartial manner that would well serve as a worthy model for all courts in Southern Indiana.

Ms. Lamb apparently blames Judge Cody for what she believes to be erroneous decisions in cases in which she has a particular interest, although she does not disclose whether she is a party. Indiana law provides a ready remedy for cases in which a litigant believes the trial court has rendered an unjust result — they can appeal that decision to the Indiana Court of Appeals. However, if Ms. Lamb — or any other citizen for that matter — is not a litigant, but nevertheless feels aggrieved by a legal result likely dictated by properly adopted laws or regulations, her criticism and/or efforts to affect changes to such result should properly be directed to the legislative body or administrative agency that first adopted such laws.

As our country and our community are now confronting challenges of monumental magnitude, it seems all too obvious that we can only prevail over these challenges if we renew our commitment to our bedrock American values. That we are a government of laws, and not of men, is among the foremost of these values. Ms. Lamb hopefully speaks for a very small minority of Floyd County citizens that would have judges ignore the import of properly enacted laws in handing down decisions that she would personally prefer.

From my standpoint, the citizens of Floyd County would truly be endangered if Judge Cody were replaced, as urged by Ms. Lamb, by a judge less committed than he to administering the Floyd Circuit Court in a fair, prompt and impartial manner.

— Greg Fifer, Floyds Knobs



Reader enjoys Clere column



I was disappointed to see a somewhat negative article in the March 19, 2009, edition of The Tribune about Rep. Ed Clere. I find it extremely refreshing to read his weekly column on the happenings at the Statehouse, something to which we are not accustomed. I actually feel a part of state government after reading his column.

Like him or not, agree with him or not, isn’t it nice to actually know what our elected official is doing for us? Isn’t it nice to have him explain why he voted the way he did? Isn’t it nice to have a better understanding of how things work (or not) in state government?

Regarding Ms. Harbeson’s comment about Ed’s “inconsistent votes” and not maintaining a “basic set of principles,” I am thrilled to have a representative who can vote inconsistently if he feels those inconsistent votes are in the best interest of his constituents. And I can assure anyone that Ed has a very high standard of basic principles that he follows personally, but as our representative, he needs to sometimes set aside his personal beliefs in doing what he thinks is best for his constituents. For example, while I might be against a traffic light at a busy intersection, if I see that it would be beneficial for my constituents, I would vote for it.

Keep up the good work, Ed! For someone so new to the job, you are doing just fine.

— Debbie Webb, New Albany



Housing Authority commissioner refutes drug article claims



I am responding to Matt Thacker’s article in the March 21, 2009, edition of The Tribune, which is about the drug problem in New Albany. Since I haven’t seen the arrest records, I can’t dispute the data. But I do take issue with the comments about the New Albany Housing Authority, or NAHA, residents. Your readers should know that NAHA has a zero tolerance drug policy that applies not only to residents, but to any visitors to the properties. Violations result in immediate eviction and reporting to the authorities.

Each month, NAHA distributes a “ban list” — names of individuals prohibited from even setting foot on any NAHA properties. If only private-property landlords had such rigorous rules and enforcement for their tenants. I’ve been hearing about a drug house between St. Mary’s and S. Ellen Jones schools that has been an ongoing problem, despite numerous visits by the police. Why does this continue? Are there no legal pressures that can be applied to the landlord?

I also take exception to the comment referring to the public-housing resident who pays $8 in monthly rent, and the inference that any “leftover money” is used for drugs. As an occasional volunteer at the Interfaith Food Pantry, I have served residents of public housing with similar low monthly rent payments. The majority are very young, unemployed single mothers, struggling to get by on very little income. NAHA’s Family Support Services helps them apply for employment, enroll in school and generally improve their prospects for independence.

We all have opinions on individual responsibility, reproductive decisions, etc. But that doesn’t feed the children. In this economy, when people are losing jobs, homes and facing bankruptcy over exorbitant medical bills, the people living at the margins are pushed even further to the brink of destitution and despair. I would love to see more people able to afford decent, market-rate housing, but the reality is many simply do not have the means. That’s where public housing provides a tremendous service to put roofs over their heads and help keep families together and out of homeless shelters.

There is no question that crack cocaine is the poor man’s drug, unlike the expensive powder cocaine “enjoyed” by the rich and famous (some of whom may be using their bonus money from taxpayer bailouts to finance their recreational use). It is also undeniable that crack can lead to aggressive, erratic and criminal behavior. My husband’s uncle was murdered by a young man high on crack — a kid who had no prior criminal record until that tragic event. Of course, we need to continue to combat this scourge with all available resources. But what we don’t need are thinly veiled assumptions that the elimination of public housing is the solution to the problem.

— Ruthanne Wolfe, Commissioner, New Albany Housing Authority, New Albany



Barrow responds to Fox letter



I was completely surprised to read Ms Fox’s letter in the Sunday paper. For those who know me, I’m completely satisfied that you know Ms. Fox’s account of me to be a work of fiction. For those who don’t know me, I assure you I did not yell or wave my arms at Ms. Fox.

Even though my name was not mentioned, everyone is well aware of where the accusations are pointed. I would be devastated if Ms. Fox’s comments would keep even one person from coming to the neighborhood meeting. It is a critical time for my neighbors and no matter where they stand on the issues, they are welcome at the meeting.

Let me correct a few things.

1. I do not have a “health problem.”

2. I, too, have lived in the park for almost 18 years. I moved from my first location in the park to the back of the park because I loved living here and it was a beautiful place to call home.

3. Let’s also look at her account of the number of people that work at MAC Construction and Excavating Inc. That number would be more like 25, not 250 employees. Let me assure you, we have had great deal of concern for those 25 employees. This has never been taken lightly. If she had done her homework, she would have known that MAC built the berm and not the quarry.

We have set up a meeting April 14 at Walnut Ridge Baptist Church from 6 to 8 p.m. I hope that neighborhoods around Hanson’s Quarry, Walnut Ridge and Main Street will make it a point to attend.

Neighborhoods like Bethany Farms and Oak Park will be more than welcome. They understand what it is like to have their lives changed when all the facts are not considered. Jeffersonville Mayor Tom Galligan and the city council have been invited. Of course, we hope to see Jim Urban and Jorge Lanz also.

We have a neighborhood committee that has furnished the facts on all three projects: the wetland, road and MAC.

— Patricia Barrow, Jefferson Court, Jeffersonville



Reader loves her home, minus dust and soot



In regards to Ms. Fox’s letter in The Evening News on Sunday, it sounds like she lives in another park from where I live. I’ve quit trying to keep my car clean as every morning I have to use the windshield wipers before I can back out of my carport.

When I moved here eight years ago, my place was not dusty or dirty at all and then, when the quarry decided to log the trees out and leave us unprotected from the noise and dust, it was no longer a clean place to live. It was and is a nice place to live if you don’t care how your yard looks or that your mobile home is covered with dust and soot.

Yes, the berm that Mac Construction and Excavating Inc. built and put trees on has cut the noise out somewhat, but the quarry has left it looking like a war zone here. I have also seen my neighbors with masks on when working in their yard or walking as they can’t stand to breathe the smelly dirty air. I just cannot work in my yard and stand the smell when the wind is blowing this way.

I have had people in cars stop me in my yard and ask me what happened to this place; it used to be so nice and cool back here with the woods. They also say it looks like a tornado has hit. So, please come and hear what we have to say at the meeting at Walnut Ridge Baptist Church on April 14.

— Connie Richie, Jeffersonville

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