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[Gregory]

Bob has a point.  You have a valid question.  On one level, I beleive that TS will have to have his own representation, whether himself (pro se) or his own attorney.

As I see it, 3-ABN has two major forms of defending itself, along with what I would call minor ones:
1) TS did not do it, therefore, we have no liability.
2) If TS did it, we are not responsible, therefore, we have no liability.

As to minor issues, tlhey would include such things as legal issues such as the Stature of Limitations.

If 3-ABN were to plead # 1 above, it would clearly be in its interests as it would release it from liability if successful and it would clear TS.

Litigation is is some sense a "throw of the dice."  One can never predict with 100% certainty what the decision will be.  Even when a win is claimed to be certain, it may only be a partial win.

E.G.  I am knowledgeable of a loan company that won a judgement against an elderly man and the judge ordered the payment to be $5.00 a month.  The interest on the loan alone was more than $5.00 a month.  Therefore, at the time of the man's death, the debt to the loan company was more than it was at the time of the litigation.  And the loan company had the costs of the litigation.  NOTE: The judge found that under the law the man owed the debt, but he found bad faith on the part of the loan company and he ruled that due to the income of the man the obligation to pay was limited to $5.00 a month.

I am aquainted with another case where both the plaintiff and the defendent got a partial win.  But, the judge ordered the defendent to pay the plaintiff's legal expenses in the amount of $72,000!
 
Anyway, I believe that TS will have to have someone to officially represent him. How will this unfold?  We shall simply have to wait and see.
 

[Johann]

Who are we aiding with all of these discussions?

[Gregory]

The common people who are interested and want to know what is happening and to understand the process.

Ignorance lies behind much of the ill will that has  existed.  I remind you that Linda herself clearly stated that she wished that people would bring forth the evidence against her instead of claiming that secret evidence existed.

Most of the people reading these threads are not legal experts--I am not.  Some come from countries with different legal systems.  It is helpful for them to understand the legal system that exists in this country.

Those who do not beleive this discussion to be helpful will probably not participate in them.

[Alex L. Walker]

I, for one, believe these discussions to be extremely helpful.

I also find Gregory's input to be straight forward and interesting.

[Bob Pickle]

How could they defend Tommy without representing him?

Anytime that 3ABN makes legal arguments that might help Tommy, they are defending Tommy at 3ABN's expense.

Suppose 3ABN had gotten the case totally dismissed in Chicago, or won a motion to dismiss that was converted to a summary judgment motion because of the documents they submitted with their motion. Then Tommy would have been off the hook at 3ABN's expense, without 3ABN's attorney officially representing Tommy.

[princessdi]

....And in my humble opinion, this is the only one who really counts when we talk about those benefitting this subject in general, and specially this thread.  I totally agree with you, Alex.

I, for one, believe these discussions to be extremely helpful.

I also find Gregory's input to be straight forward and interesting.

[Johann]

Then it's worth it

[Johann]

Abuse Prevention ?a Priority
for Adventist ?Risk Management
Insurance unit working to shield minors, fulfill church’s mission (Posted Mar. 8, 2012)

BY ELIZABETH LECHLEITNER, Adventist News Network

A new child protection program from the Seventh-day Adventist Church’s risk-management unit is galvanizing efforts to shield minors from abuse and misconduct.

Through training for adults and children, as well as background screening for employees and volunteers who work closely with minors, Adventist Risk Management’s (ARM) Child Protection Plan equips local leaders to make the church a safe place, said ARM vice president and chief risk management officer Arthur Blinci.

“It’s part of our mission to help protect the ministries of the Seventh-day Adventist Church,” said Blinci, citing Children’s Ministries, Youth Ministries, Pathfinders, and Adventurers as a “core component” of those ministries. “Faith-based communities have a moral, ethical, and legal responsibility to protect children from harm when they’re in our care,” he said.

The church has made significant strides toward achieving that goal. In North America many church employees and volunteers are “mandated reporters,” Blinci said. This means they have a legal obligation to report abuse or allegations of abuse that occur within the church setting. By 2003 the church’s North American Division had drafted a protocol for dealing with sexual misconduct and child abuse. Late last year the division voted a new child protection policy mandating that every level of church administration implements training and screening programs for volunteers.

 PREVENTING ABUSE: ARM vice president and chief risk management officer Arthur Blinci wants to put tools and resources in the hands of local church leaders. A partnership with Shield the Vulnerable equips them to better protect children, he said. [PHOTO: ARM]
The Adventist world church has also been proactive about writing guidelines and voting policies to protect minors. Indeed, at the church’s General Conference session in 2010, delegates voted to add to the Church Manual specific language guiding the appointment of church employees and volunteers who work closely with minors. They agreed adults leading out in Pathfinders, Vacation Bible School, children’s ministries, and Sabbath school programs “must meet church and legal standards and requirements, such as background checks or certification.”

Still, Blinci said, policies, guidelines, and good intentions go only so far. Adventist Risk Management routinely handles a couple dozen cases of child abuse every year and has spent some $30 million on indemnity cases over the past two decades. Many U.S. states have open statutes of limitations, allowing older claims of abuse to be raised and litigated.

What the church needs are tools and resources to put in the hands of local church administrators and leaders, he said.

“We’ve heard for so many years from church members, ‘How do we do it?’?” Blinci said.

Now Adventist Risk Management is providing an answer. Through a partnership with Shield the Vulnerable, the organization’s new Child Protection Plan offers online training for adults on addressing abuse, neglect, predators, bullying, boundaries, and respect. It also provides age-appropriate information for children on recognizing and reporting abuse.

Shield the Vulnerable—a California-based service provider that frequently works with faith-based, nonprofit organizations—also offers background screening for employees and volunteers as a “critical” line of defense, Blinci said.

“So often, especially on the volunteer side, there’s typically no screening. You want to volunteer for children’s ministries? Great, come on, we can use you,” he said. “Now, when potential volunteers know before they even apply that you’re going to run a criminal background check, if they have a propensity, they’re not even going to volunteer.”

While creating the Child Protection Plan, ARM discovered that the church’s Lake Union Conference had already partnered with Shield the Vulnerable and piloted its training and screening programs in the states of Illinois, Indiana, Michigan, Wisconsin, and a portion of Minnesota.

Blinci expects all 59 of the North American Division’s conferences will follow suit in the coming months. Through Shield the Vulnerable, a conference or other administrative unit creates an account that tracks progress as they train volunteers and perform background screenings. “It goes all the way down to the local church and school level,” he said.

From Adventist Review, March 7, 2012

[GRAT]

RE: Abuse Prevention   Good start but it wouldn't have saved the victims of TS or many others if the perpetrator is shielded by family and church members or corrupt police.  You can run all the background checks you want but if they have never been convicted what would you find?

[Artiste]

While creating the Child Protection Plan, ARM discovered that the church’s Lake Union Conference had already partnered with Shield the Vulnerable and piloted its training and screening programs in the states of Illinois, Indiana, Michigan, Wisconsin, and a portion of Minnesota.

Pilot training and screening program in Illinois...what happened to 3ABN?

[Artiste]

Is the timing of this announcement in the Adventist Review interesting?

[Gregory]

. . . what happened to 3ABN?

3-ABN is an independent organization and is not subject to denominational control.

[Artiste]

That's right, it isn't under denominational control, but isn't there a conference official connected to 3ABN, on the board?

[Gregory]

Yes, and one Conference official does not make a majority.

[Alex L. Walker]

Abuse Prevention ?a Priority
for Adventist ?Risk Management
Insurance unit working to shield minors, fulfill church’s mission (Posted Mar. 8, 2012)

BY ELIZABETH LECHLEITNER, Adventist News Network

A new child protection program from the Seventh-day Adventist Church’s risk-management unit is galvanizing efforts to shield minors from abuse and misconduct.

Through training for adults and children, as well as background screening for employees and volunteers who work closely with minors, Adventist Risk Management’s (ARM) Child Protection Plan equips local leaders to make the church a safe place, said ARM vice president and chief risk management officer Arthur Blinci.

“It’s part of our mission to help protect the ministries of the Seventh-day Adventist Church,” said Blinci, citing Children’s Ministries, Youth Ministries, Pathfinders, and Adventurers as a “core component” of those ministries. “Faith-based communities have a moral, ethical, and legal responsibility to protect children from harm when they’re in our care,” he said.

The church has made significant strides toward achieving that goal. In North America many church employees and volunteers are “mandated reporters,” Blinci said. This means they have a legal obligation to report abuse or allegations of abuse that occur within the church setting. By 2003 the church’s North American Division had drafted a protocol for dealing with sexual misconduct and child abuse. Late last year the division voted a new child protection policy mandating that every level of church administration implements training and screening programs for volunteers.

 PREVENTING ABUSE: ARM vice president and chief risk management officer Arthur Blinci wants to put tools and resources in the hands of local church leaders. A partnership with Shield the Vulnerable equips them to better protect children, he said. [PHOTO: ARM]
The Adventist world church has also been proactive about writing guidelines and voting policies to protect minors. Indeed, at the church’s General Conference session in 2010, delegates voted to add to the Church Manual specific language guiding the appointment of church employees and volunteers who work closely with minors. They agreed adults leading out in Pathfinders, Vacation Bible School, children’s ministries, and Sabbath school programs “must meet church and legal standards and requirements, such as background checks or certification.”

Still, Blinci said, policies, guidelines, and good intentions go only so far. Adventist Risk Management routinely handles a couple dozen cases of child abuse every year and has spent some $30 million on indemnity cases over the past two decades. Many U.S. states have open statutes of limitations, allowing older claims of abuse to be raised and litigated.

What the church needs are tools and resources to put in the hands of local church administrators and leaders, he said.

“We’ve heard for so many years from church members, ‘How do we do it?’?” Blinci said.

Now Adventist Risk Management is providing an answer. Through a partnership with Shield the Vulnerable, the organization’s new Child Protection Plan offers online training for adults on addressing abuse, neglect, predators, bullying, boundaries, and respect. It also provides age-appropriate information for children on recognizing and reporting abuse.

Shield the Vulnerable—a California-based service provider that frequently works with faith-based, nonprofit organizations—also offers background screening for employees and volunteers as a “critical” line of defense, Blinci said.

“So often, especially on the volunteer side, there’s typically no screening. You want to volunteer for children’s ministries? Great, come on, we can use you,” he said. “Now, when potential volunteers know before they even apply that you’re going to run a criminal background check, if they have a propensity, they’re not even going to volunteer.”

While creating the Child Protection Plan, ARM discovered that the church’s Lake Union Conference had already partnered with Shield the Vulnerable and piloted its training and screening programs in the states of Illinois, Indiana, Michigan, Wisconsin, and a portion of Minnesota.

Blinci expects all 59 of the North American Division’s conferences will follow suit in the coming months. Through Shield the Vulnerable, a conference or other administrative unit creates an account that tracks progress as they train volunteers and perform background screenings. “It goes all the way down to the local church and school level,” he said.

From Adventist Review, March 7, 2012

What does this have too do with my lawsuit?