Rule 8.3. Reporting Professional Misconduct

(a)    A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

***

Comment

[1]     Self-regulation of the legal profession requires that members of the profession initiate disciplinary investigation when they know of a violation of the Rules of Professional Conduct. Lawyers have a similar obligation with respect to judicial misconduct. An apparently isolated violation may indicate a pattern of misconduct that only a disciplinary investigation can uncover. Reporting a violation is especially important where the victim is unlikely to discover the offense.

[3]    If a lawyer were obliged to report every violation of the Rules, the failure to report any violation would itself be a professional offense. Such a requirement existed in many jurisdictions but proved to be unenforceable. This Rule limits the reporting obligation to those offenses that a self-regulating profession must vigorously endeavor to prevent. A measure of judgment is, therefore, required in complying with the provisions of this Rule. The term “substantial” refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware. A report should be made to the bar disciplinary agency unless some other agency, such as a peer review agency, is more appropriate in the circumstances. Similar considerations apply to the reporting of judicial misconduct.

Rule 8.4. Misconduct

It is professional misconduct for a lawyer to:

(a)    violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b)    commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

(c)     engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d)    engage in conduct that is prejudicial to the administration of justice;

(e)    state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law;

(f)     knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or

Comment

[1]     Lawyers are subject to discipline when they violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another, as when they request or instruct an agent to do so on the lawyer’s behalf. Paragraph (a), however, does not prohibit a lawyer from advising a client concerning action the client is legally entitled to take.

[2]    Many kinds of illegal conduct reflect adversely on fitness to practice law, such as offenses involving fraud and the offense of willful failure to file an income tax return. However, some kinds of offenses carry no such implication. Traditionally, the distinction was drawn in terms of offenses involving “moral turpitude.” That concept can be construed to include offenses concerning some matters of personal morality, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to law practice. Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.

[3]    A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law.

All lawyers who just read the above in blue and know something about any illegal conduct of attorney in a law firm probably do not have the ground for a good faith defense.  Time to rat out your peers.   

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I have only recently been informed of the existence of your site, so all I have been able to learn has been from the JG and from my source(s) who know the situation more intimately than I do, due to the passage of time.

I found out from your site that police had the home of Timothy Haffner under surveillance. This is very interesting to me. Here’s why:

(1) Haffner, as you probably know, serves as Fort Wayne’s “corporation counsel” – in other words, the city’s primary corporate attorney. I don’t believe that it is a paid position – by that I mean I don’t believe that Haffner is an employee of the city, formally – but it is a position of some prestige and carries with it the promise of significant compensation from FBD. The city work given, through Haffner, to FBD is enormous. Mayor Henry was a client of Baker & Daniels at one time, when he had his own business. Haffner was not the primary attorney on that file, but the original primary attorney retired years ago and since Haffner was indeed familiar with the work, and with Henry, it was sort of a natural fit. This is true even though Haffner was a very vocal supporter of Nelson Peters in the Republican primary the year Henry beat Matt Kelty. That in and of itself is interesting.

(2) At one time, Haffner and Kuker were inseparable friends. I heard Kuker describe them as “best friends”. And it was no exaggeration. The two spent all of their time together, at work and otherwise. Evidently there was a serious falling out between them.

(3) Haffner was, for a brief time, “managing partner” of the FW office of Baker & Daniels. A brief time. Something like 6 months to a year. An incredibly brief time, in context. The previous managing partner had been in the position for 20 years or so. Who succeeded Haffner as managing partner (that terminology evidently changed when Faegre entered the picture)? David Kuker. This might explain the “falling out” between them. I have no personal knowledge of the circumstances surrounding either the obvious power struggle or of the basis for the falling out. But it’s very very interesting.

(4) On a tangent, Goeglein is up for partner this year – which means that he either has reason to get rid of Kuker (I don’t believe this part of it at all – by all accounts Goeglien gets most of his work from Kuker himself, meaning Kuker must be satisfied with Goeglein’s work and therefore his partnership would be safe) or, more likely, has reason to do as Kuker says. My theory is that Kuker knows who shot him – or, at least, who sent the shooter – and is trying to divert attention from the reason he was shot. If Kuker told Goeglein to shoot through his own window to make it look as though it is business-related, when in fact it’s related to Kuker’s affair(s), goeglein would be in a tight spot – not going along with it would tank his hopes for partnership, costing him millions of dollars over the length of his career. Kuker’s entire public image, and the reason he is successful, is based on his “Christianity” and his adherence to Christian principles – he’s on several boards of Christian organizations, you know. That explains his responses on this site. His entire fragile little world revolves around the public perception of him as a do-right kind of guy. He is, however, the most Machiavellian backstabber I have ever known, and the hint of scandal is more than he can put up with.

Which brings Haffner into the mix again, since Haffner has been the most visible victim of Kuker’s ruthlessness.

Someone really should get Haffner in a safe place and grill him. Others who might have some light to shed on the matter are David Irmscher, Robert Moreland, Jon Bomberger and several former attorneys at FBD, all of whom have crossed Kuker and paid for it. Oh – don’t forget the secretaries – they know everything. Kuker’s secretary undoubtedly knows about any affair(s) he might be having, or might have had.

I would like to see more attention paid to this, given the prominence of all players in the Fort Wayne business and political communities.

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Jim Sack

Two men came to the table last night to present a financial plan as the first step toward a voluntary annexation which more than a few members of council saw as a Trojan Horse.

The matter goes like this: a financial plan detailing costs to we taxpayers associated with an annexation was presented by the city to council; the analysis is invariably accepted as the first step toward bringing a neighborhood or parcel into the city. The next steps are the hearings and presentations that almost always lead to a slightly larger Fort Wayne. But, more than a few council members saw a wolf in sheep’s clothing – essentially a businessman seeking annexation that would be coupled with a tax abatement. Linkage. A couple members considered that a cynical approach. And, the applicant, a dentist from Auburn, who also happens to be a council member there, through his mouthpiece, all but said he was seeking the annexation for bottom line business purposes – EMS service among them. We could go on about the million dollar complex, the employees that might be add, the unusual business model, etc, but suffice it to say that the phrase “tax abatements” now raises eyebrows and questions. The matter was tabled for a week.

In fact, it should have been tabled until the week after the Fifth Tuesday two weeks out. Councilman Russ Jehl and Council President Tom Smith are preparing what looks to be a robust and open discussion of the values and execution of the abatement program in Fort Wayne. Their planned agenda will be quite informative and very thoughtful. It will go to the basic questions: what are the goals of abatements and whether the abatement program has met those goals. Grouchy taxpayers would ask whether their contribution has created the first job and led to any new economic development in Fort Wayne, at all. Nobody (except those who benefit from the system) is quite sure and a statistical analysis seems impossible given the way oversight forms are designed and reports are made. So, that is the question for the coming Fifth Tuesday the last Tuesday of May. Watch. Last night’s tabling of the proposed annexation was merely council saying they want to wait a bit.

The former Judge Kenny Scheibenberger also came before council to pitch a change to the drug house ordinance. As was written the ordinance was a bit too narrowly described. He wanted the types of buildings expanded beyond “dwellings” to include most buildings in Fort Wayne. He proposal passed unanimously. Interestingly, late last night on the local PBS affiliate there was a Frontline program that explored the meth problem. It underscored what one officer, sitting next to Ken, said: the drug problem in Fort Wayne is the worst ever. Excuses made for hyperbole, youth, and enthusiasm for his program, the officer is probably not far off. The recent vehicular homicide at Taylor and Fairfield is an example – booze and the white stuff. One can bet that every breaking, ever mugging, ever instance of domestic battery is linked to a crack pipe or some version of K2, meth or a designer concoction. Scheibenberger and the young officer are in the same sort of trenches Kenny’s grandpa saw in WWI defending the Vaterland, and Fort Wayne’s trenches can be murderous. The question is again in execution. Judge Scheibenberger needs to work with landlords who are also, frequently, the victim of drug-heads, otherwise his progress with be marginal. And, we need to pinch supply (read Pfizer) as well as undermine demand with better education and a stake in the well-being of the community. Busting down doors is just one part of the solution.

And, there were the economic development people – the Alliance and the Partnership – pitching a continuation of their sub-contracting work for the city. Unlike in years past the presentation was the opposite of dire warnings. Last night it was about success, regeneration, reinvigoration and expanding to bring more jobs to the city and the area. Again, council gave full approval to $400,000 in contractual services. Years ago it was the Commercial Club that worked with the mayor to bring Harvester to town. Then came long prosperity and both the Chamber and the mayor’s office sat back. The loss of Harvester in 1981 got everybody’s attention. Since then there has been a steady build up in our efforts to take care of local businesses and to lure expanding or relocating businesses to Fort Wayne. But, as Councilman John Crawford pointed out all of our collecting huffing and puffing has not staunched the bleeding – Fort Wayne was once richer per capita than the nation and now much poorer, per capita. The economic development people recited the same old promise that success was just around the corner and they just needed a few more shekels to make good on their promises. Council anted up again. What else could they do. As Council President Smith said it would amount to unilateral disarmament if we did not pursue an aggressive economic development regime.

The days of laissez faire community development are over. Today, as oft in history, communities compete with each other as companies do. Peoria, Canton, the other Canton, Berlin and Buenos Aires are our competitors. The county, the city and the Chamber have pooled resources to hire snappy professionals, trained in the vagaries of economic development, to flog our community to the world. By most accounts the local team is pretty darn good and getting better.

To be fair, things are looking up. Saturday night last in downtown Fort Wayne was amazing: the sidewalks were packed. Ball game, Philharmonic concert, bikers in blue, a prom, a convention event, etc. The downtown looked like it hasn’t since the Grand Leader closed and the Boston Store was torn down. It was packed and the bars and restaurants could not keep up. Look around the community – shops are also doing well, the Country Club on a given Saturday is filled with old money chomping on salmon. Upscale eateries are doing well, the golf links are crowded, there are companies complaining of jobs going unfilled for lack of qualified talent. For much of the community things are looking up. Give credit to a lot of people from the CVB to Mayors Moses-Helmke-Richard-Henry, to John Sampson, to Mr. Crawford, to all the rest of us who care about our city.

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You can see the reflection of Summit Square in the window. Maybe it was a BB gun?

Click to enlarge

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And the Gods of the Copybook Headings proclaimed , in the very same week …

COULD IT BE THAT NEGATIVE CAMPAIGNING AND NAME CALLING HAS A DOWNSIDE???

Caveat:  Hey, Newsweek means Gay in policy, not personally, right?  Or was all of this orchestrated to take the sting out of several blackmailers’ threats?   An interesting question, is it not?  (Especially when one considers Van Jones’ comments a few weeks back:  http://www.advocate.com/news/daily-news/2012/04/03/van-jones-even-if-obama-were-gay-hed-still-win-black-vote

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If you have a tip, you can leave it here. No IP addresses are recorded.

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Last night’s Philharmonic concert was all about death, rather a bit un-Springlike on first glance.

The opening piece was Beethoven’s ode to Prometheus, the Greek god whose vital organs are devoured each day by a ravenous bird sent by a vengeful god only that those organs might regenerate overnight so poor Prometheus might endure the painful death each subsequent day. That overture was followed by Stravinsky’s Rite of Spring which focuses on the ritual pre-meditated murder of a virgin who is encouraged to dance herself to death in front of the village elders. And, finally, to make sure death was driven home like a draculean stake, the last piece, a mammoth presentation by 100 singers, forty or so musicians and four adept soloists, was Mozart’s Requiem written to commemorate one death and largely incomplete when the great master himself slumped his last time. Death was in the air.

And it was wonderful.

Prometheus lasted a scant five minutes. It was heroic and moving in the style of Beethoven. Prometheus was a warm up piece, but done beautifully.

The first half of the concert was rather more devoted to the Rite of Spring by Igor Stravinsky. As mentioned, it was inspired by a pagan ritual and ancient Russian village music. As one concert goer said on the way out of the hall at the end of the concert: “it was radical then and it still is.” There was a gong, there was a ratchet; percussion and abrasive shifts in cadence, colliding tone were all fundamental to the mood. It was loud, abrupt, disoriented and aggressive. When Stravinsky presented it to audiences just prior to the Great War it was the cause of near riots. The Philharmonic pulled off the difficult piece to the point of another prolonged standing ovation.

You might put the piece in that context. Stravinsky, a Russian, had just witnesses a near revolution in Russia with another seething below the surface. The industrial age was belching smoke and pouring steel. It was a tumultuous time. The virgin who danced herself to death may just as easily been the embodiment of European culture, the dying era of kings, princes, barons and grafs. War was in the air. Tumult was in his score.

Intermezzo was followed by the Requiem by Mozart. Four soloists joined a smaller version of the orchestra, maybe forty instruments, but they were backed by the 100 members of the Philharmonic chorus. The music was powerful, moving, sublime, graceful, tender, prayerful and heart-wrenching. It was written on commission to honor the recently deceased wife of a patron. It became a Requiem, as well, for the life of one of the pantheon of greatest minds that humanity has produced. Mozart died before it was complete, but not before completing much of the
Requiem and then sketching the remainder. It was his farewell to the earth, a crowning achievement in a life that was glorified with the greatest of creative imagery.

The chorus and the orchestra were up to the task, they were majestic. The audience was stilled in awe.

And, finally, and sadly there was the announcement that Hiromi Ito, the concertmaster of the Philharmonic, will retire now from his well worn chair to the immediate left of the maestro. He has been a stalwart of the orchestra for decades. Two other musicians retired, as well, one woman who had seen five decades of service to her community. And, taking his last bow on the stage was Robert Nance who has ably guided, as was last night evidenced in the performance, the Philharmonic Chorus.

The standing ovation, long and emotional, that bid farewell to this season, was an homage to the changes concert patrons have seen this year: it is a far better orchestra than when maestro (teacher) Andrew Constantine arrived. More changes are afoot at the Philharmonic. It is well known that the orchestra is in serious financial difficulties. A new Philharmonic will emerge next year, hopefully with a more powerful and dynamic board in support of this treasure of an orchestra.

This Philharmonic is a community jewel of the first rank. Not only are they a celebrated orchestra performing scores of remarkable concerts each season, but each member of the Philharmonic teaches and inspires young people in the community in the glories of music and in developing the creative minds that move our society and our community forward in a most positive way. Last night the Embassy was nearly full. No one was disappointed. Now, it is time to get behind our orchestra, our priceless asset, and renew subscriptions and make gifts. It is that important to the future of Fort Wayne.

And, one last note. Last night downtown Fort Wayne was packed. The sidewalks were full. There was a baseball game, there were activities at the Grand Wayne, a prom was underway at the Foellinger-Freimann, and there were other people who seemed just there to enjoy the scene. Downtown Fort Wayne is on the way back, finally, last night it looked like a sidewalk on Michigan Avenue or the center of Munich, and the Philharmonic is integral to that transfiguration and rejuvenation.

Till next year.

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Jeffrey Goeglein

I’m now told that Jeffrey Goeglein purportedly shot David Kuker. Reason? No one is saying at this point.

However, I’m told that evidence found has DNA matching and connecting Goeglein to the Kuker shooting. I’m also informed that Goeglein purportedly shot into the window of his house to throw the investigators off their trail.

The plot thickens. More as this develops.

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Jim Sack

Marty Bender gently supported his father-in-law as he enter the polling station yesterday afternoon. The old gentleman had a broad smile on his face as he pulled out his photo ID, confirmed his address and then slowly moved to the electronic booth. You could tell the wizened veteran of a few hundred elections was proud to be there to do his part again. Marty beamed. He was so very proud to be with the elderly gentleman, it was his honor to provide that big helping hand. It was one of many heart-warming moments to the polling place on the city’s near south side.

There was the young woman casting her very first vote. There were the new immigrants welling with pride at their first votes in their new and beloved homeland. A tall man, reduced by illness, road an electric scooter into his both. He slumped, his hands were unsteady, but he cast his vote. Three or four people loudly bitched about having to chose D or R, expressing their desire for an open ballot. A neighborhood leader came by, a woman voted who will soon go on a church mission to central Europe, a financial planner did his duty as did a sooty steel worker, housewives, retirees, men eschewing lunch for a chance to vote, widows and widowers. It was nice to see children tugging at mom’s apron as she explained her civic duty. “What,” one child asked, “is a vote?” For twelve hours the polling station was open and the best of the neighborhood came through to add their voice to election day. Each person had a story to tell, each person proud and determined to vote.

In short, a neighborhood that would normally give majorities to Democrats overwhelmingly chose to vote in the Republican primary. You could hear the comments as they made their decision. Some were obviously holding their noses, others had simply decided to cross over for a personal reason. On the way out some would say how much they were angered by the tone of the senatorial race, or that Senator Lugar should live in Indiana, or that Mr. Mourdock was a @$&%$.

Hardly anyone mentioned the race for county commission, the county council race or their angst over which candidate for coroner to choose. No one mentioned the irony of a candidate for coroner boasting that he was pro-life. But their votes rather closely mirrored the general totals from Allen County. They strongly supported Nelson Peters. They voted for Roy Buskirk, Bob Armstrong and Bill Brown in that order. They gave Treasurer Mourdock about the same measure of support as was seen statewide and in Allen County. Call them a reflective cross section of county votes.

What was clear was that the real contests were in the Republican primary and that the winners of the Republican primary will undoubtably win in November. That is probably the reason most crossed over. Blame that, in part, on the rudderless, nearly invisible Allen County Democratic Party for running another weak slate of candidates as if they had given up on offering better ideas on how to manage the finances and development of the whole county.

Perhaps many Democrats chose other diversions. Probably the passions of the senatorial gutter-fight raised passions enough for some to change parties, for that one ballot.

In November, the chickens will come home to roost. Those who normally vote Democratic will return to the fold, by and large. The passions of the presidential race will effect the outcomes here, if only by a little. Simply put, Allen County government will remain solidly in Republican hands, the county council will remain firmly Republican, the commissioner will be reelected and the other offices will stay Republican.

Yesterday, pundits again lamented that a precious few bothered to vote. Blame that in large part on the moribund, largely inept Democratic Party that offers so little to discuss.

You might also interpret the general apathy as a vote, itself; that things are not so bad in Allen County as to rile up the masses to action. The people who came out yesterday in my little precinct, that cross section of the community, were the best and the brightest and seemed to know fully well what they were doing.

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Here is where you can donate to the Mourdock for Senate campaign — Lugar is not lost until we put someone better in his place, so keep marching toward “Indiana atones” part two.

http://richardmourdock.com/

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Jim Sack

Dr. John Crawford’s ordinance was the last matter on the agenda last night at city council and after the presentation concluded, after amendments had been offered, discussed and disposed of, a “do pass” recommendation was offered, seconded and strongly agreed to. Then, a “well done” was voiced by Council President Tom Smith and the other council members joined in with a round of applause. The effort was the result of months of research, consultation and cooperation between Dr. Crawford and the administration. Also on the Crawford Committee was Councilman Tom Didier who strongly supported the work of the task force created to rewrite the city’s rules governing professional services contracts.

In essence, the ordinance will raise the maximum price at which the administration can hire consultants from $75,000 to the previous level of $100,000. One councilman called the $75,000 level “micromanaging.” He added that the circumstances in which the figure had been lowered to $75,000 had changed. He might have said the election brawl was over.

Additionally, the method by which professional service contracts are evaluated will change. The old system, which is used throughout the country, virtually gave the contract to the “highest qualified” company before setting a price. The new system will qualify more companies to participate in the fine tuning of the bid specifics before all are then invited to offer competitive bids.

The new system was described as “cutting edge” and will still award points, but should resolve a problem noted repeatedly by city representatives: fewer and fewer companies were bidding on major projects. In the recent past the city had advertised projects broadly, but from a hundred potential bidders the city may have received just one or two sealed bids. Other potential bidders complained the system all but gave contracts to only the biggest firms, those most qualified. Consequently, they didn’t bother to waste time or money on bids that were all but doomed.

More bidders, a councilman added, should drive down prices paid for services.

The impetus for such a change in local law came prior to the last mayoral election and was well noted on this blog page. Many of the contributors to the mayor’s re-election campaign were engineering firms that were based in distant communities but were pouring tens of thousands into the mayor’s campaign coffers. No one suggested altruism or nostalgic ties to mother Fort Wayne had prompted the goodwill, it was seen as buying a seat at the table. It was further noted that those firms were coincidentally the recipients of major professional service contracts, and a number were also the beneficiaries of no-bid contracts that did not need council approval or allow council scrutiny, contracts below $100,000.

So, most of last year Councilwoman Liz Brown, who ironically had replaced Dr. Crawford on city council, made it her crusade to change the law. Her methods, however, left a bitter taste in the mouths of many citizens, including most of her fellow council members. In that election her seat reverted to Dr. Crawford and last night he was applauded for his patience and skills in bringing both council and administration together to resolve this very contentious matter.

Recently, a study was reported that concluded that societies that show high degrees of cooperation are more prosperous than societies where distrust abounds. Dr. Crawford’s achievement gives credence locally to that study’s findings.

But, in the words of another politician: trust, but verify. So, at the end of this year there will be a review of the new procedures to determine whether the ordinance has, in fact, made the process more efficient, more transparent and saved the community money on the millions of dollars of contracts that fly across city council’s table. Given that the process has many more steps one can expect the administration to request more staff to handle the additional reviews and rewrites.

During last night’s discussion not one voice was raised, potentially contentious matters were calmly discussed and decided and, in the end, both administration and council felt they had advanced the interests of the community.

It seems after four years of constant bickering, walk outs, name-calling, condescending remarks and burnt bridges that the two branches of local government are working together again.

Suddenly, we have a rare moment in the city when it seems the “stars are aligned” that should enable the administration and elders on council to do big and small things to benefit the community.

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Click to enlarge

It seems Ms. Opal was arrested for maintaining a common nuisance, possession of marijuana and paraphernalia, and public intoxication in 2005. I suppose that rather than do background checks on cleaning staff, you need to support the underbelly of society.

From Indiana Code:

IC 35-48-4-13
Visiting or maintaining a common nuisance
Sec. 13. (a) A person who knowingly or intentionally visits a building, structure, vehicle, or other place that is used by any person to unlawfully use a controlled substance commits visiting a common nuisance, a Class B misdemeanor.
(b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used one (1) or more times:
(1) by persons to unlawfully use controlled substances; or
(2) for unlawfully:
(A) manufacturing;
(B) keeping;
(C) offering for sale;
(D) selling;
(E) delivering; or
(F) financing the delivery of;
controlled substances, or items of drug paraphernalia as described in IC 35-48-4-8.5;
commits maintaining a common nuisance, a Class D felony.

HENDRICKS COUNTY SUPERIOR COURT 3

32D03-0504-FD-000065
State of Indiana vs. Opal M Caldwell
File date: 04/28/2005 Disposition Date: 07/18/2005

Parties Involved

Attorneys:Parties:
Stuard, Rhett Montgomery [Attorney] Cases

State of Indiana [State Plaintiff] Cases
Johnson, Brian J [Attorney] Cases

Caldwell, Opal M [Defendant] Cases
Indianapolis , IN 46221
DOB: 08/27/1959

Count , Number 1 :
Charge: 35-48-4-13 (b) CONTR SUBST-MAINT COM NUISANCEP
Charge Type:Degree Code Disposition:
Charge Date: 4/23/2005 Disposition Date: 07/18/2005

Count , Number 2 :
Charge: 35-48-4-11 CONTR SUBST-POSS MARIJUANA
Charge Type: Misdemeanor Class A Disposition:
Charge Date: 04/23/2005 Disposition Date: 07/18/2005

Count , Number 3 :
Charge: 35-48-4-8.3 (c) POSSESSION OF PARAPHERNALIA
Charge Type: Misdemeanor Class A Disposition:
Charge Date:0 4/23/2005 Disposition Date: 07/18/2005

Count , Number 4 :
Charge: 7.1-5-1-3 PUBLIC INTOXICATION
Charge Type: Misdemeanor Class B Disposition:
Charge Date: 04/23/2005 Disposition Date: 07/18/2005

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A story of Mozart’s life was preformed last night by the Philharmonic and a troupe of actors. It was followed by a soloist singing two Mozart pieces and then the Philharmonic performing his Symphony Number 39. It was all preceded by a sumptuous “happy hour” and capped by another standing ovation.

I think the question can be put to rest whether Andrew Constantine has earned his keep at the Philharmonic. The orchestra performed nearly flawlessly last night. Constantine has taken an ensemble that was falling apart after the departure of the previous maestro and “political” leadership, saved by Jamie Larado and friends, and has carried it to its highest level, ever. The orchestra is superb. The musicians are to be admired. They are led by a firm, but humorous personality. Consequently, they work as a team and produce soaring music that represents the emotions written into the works by the greatest minds in musical history. Constantine and his orchestra deserve their standing ovations and the shouts of appreciation that now more frequently spurt from the appreciative mouths of usually stoic Fort Wayners.

The repertoire is also on the ascent. Unusual pieces are presented and done well adding to the understanding and wisdom of the audience. And, the performers who accompany the Philharmonic are frequently the rising stars of the American concert stage. But last night, Constantine turned to a veteran of many Fort Wayne performances, an area resident and a seasoned international performer, Keith Brautigam, to offer songs from Mozart’s Zauberflote and Die Hochzeit der Figaro. He was superb and the orchestra supported him beautifully.

The center piece of the evening left something lacking. It was a play with the accompaniment of the orchestra recounting, in a 30-minute nutshell, the life of Wolfgang Amadeus Mozart. It was informative, humorous and poignant, but just a bit too slapstick for my tastes. In the cozy Arts United Center (formerly the Performing Arts Center) the actors were just a tad over the top. Even with well amplified and managed microphones they tended to shout lines, to project them into the mics as if they were projecting to the back row. Just a bit much.

All in all, the performance was worth more than the $15 admission, especially when you throw in the buffet provided by Tony Ficaro and Splendid Fare, in cahoots with Club Soda. That spread, one could easily argue, was a $30 bargain in itself.

There were other nice touches surrounding the performance that made the evening a nice night out, all in all a superb performance; and then to tumble on to Main Street, to see the lighted office buildings, the art sculptures with their lights and reflections, to admire the Court House, the Lincoln Tower and the lush Freimann (please take note Philharmonic marketing people of the spelling) Square made me appreciate what we have in Fort Wayne, and among our greatest treasures, the Philharmonic.

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