ILNews

5 Court of Appeals judges up for retention

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One third of the Indiana Court of Appeals judges face a retention vote this year, including two initially appointed within the past three years to fill vacancies on the state’s second highest court.

Voters statewide will have the chance Nov. 2 to cast a “yes” or “no” vote in deciding whether to keep some of those jurists on the bench for 10 more years to craft opinions, interpret state law, and represent the Hoosier legal world in setting judicial standards. Those facing retention this year are:
 

Mark Bailey Bailey

Judge L. Mark Bailey, a former Decatur County judge who was appointed to the appellate bench in 1998 and retained in 2000. He represents the First District, which comprises southern Indiana.


Elaine Brown Brown

Judge Elaine B. Brown, who served on the Dubois Superior Court for a total of 15 years before she was appointed to the appellate bench in May 2008. This is her first retention vote after being named to the court, and she represents the Fifth District that includes the entire state.


Cale Bradford Bradford

Judge Cale J. Bradford, who served for more than 10 years as a Marion Superior judge before being elevated to the appellate bench Aug. 1, 2007. He represents the Second District, which includes the central part of the state.


Melissa May May

Judge Melissa S. May, a former 14-year insurance defense and personal injury attorney in Evansville who was appointed to the Court of Appeals in April 1998 and then retained in 2000. She represents the Fourth District that encompasses the entire state.


Margaret Robb Robb

Judge Margret G. Robb, who was appointed to the appeals court in July 1998 after 20 years of general practice in Lafayette and service as a bankruptcy trustee for the Northern District of Indiana. Judge Robb also has served as a mediator and deputy public defender. She represents the Fifth District that includes the entire state and was last retained in 2000.

This is the first time since 2006 that five of the 15 intermediate appellate court judges have faced retention votes. None faced retention last year, and only one did so in 2008.

With Indiana requiring appellate judges to step down from active service at age 75, none of those facing retention this year would hit that mandatory retirement age and could serve at least one more term if they chose.

All point to their experience and judicial service on the bench as reasons they each should be allowed to remain on the appellate court. Together, they emphasize that more access, transparency, and efficiency through technology are key to making sure the judiciary can continue working effectively in the coming years.

“Indiana is at the forefront of efforts to make the judiciary more transparent,” the five wrote in a joint response to questions posed by Indiana Lawyer, citing the increase in webcasting and online information about cases and judges. “When we help our citizens better understand the function and operation of the appellate court system, we ultimately give them more confidence in the justice system as a whole.”

The judges answered 12 questions posed by IL.


One tool being used to help the legal community and general public keep informed about these jurists is the state judiciary’s website at www.in.gov/judiciary/retention, which was updated this summer to mirror the one created in 2008 after Senate President Pro Tem David Long urged the judiciary to provide more information about the retention process to voters.

In addition, the Indiana State Bar Association’s Improvements in the Judicial System Committee e-mailed a survey to its members statewide in September asking attorneys to take a confidential “yes” or “no” poll on whether those judges should be retained. The surveys went out five times to give everyone a chance to respond, and results were expected to be released Oct. 12 – after deadline for this story. This was the second time attorneys have received the poll by e-mail rather than traditional paper ballot; the first was in 2008, when three Indiana Supreme Court justices, one Court of Appeals judge, and the Tax Court judge were up for retention. About 8,000 members were polled two years ago and about 1,500 cast ballots, translating to an 18.5 percent response rate that overwhelmingly supported the jurists.•
 

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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