ILNews

Former Indiana Supreme Court chief justice dies

Jennifer Nelson
July 22, 2009
Keywords
Back to TopCommentsE-mailPrintBookmark and Share

A Former Indiana Supreme Court Chief Justice who was known for his colloquialisms and quick wit died Tuesday morning at his home.

Justice Richard Givan, 88, was remembered by former colleagues for his quick wit, storytelling ability, and mentoring. Many also referred to his "Givanisms," sayings such as, "You pile on too many apples, you can't shove the cart."

Chief Justice Randall T. Shepard, who served with the former justice from 1985 to 1994 and described him as an energetic judge and friend, said Justice Givan would often say, "When the automobile was invented my father's buggy worked just fine, but he bought a car anyway."

Justice Brent Dickson, who joined the Supreme Court in 1986, remembered one of his favoring sayings: "This is like a one-car traffic jam." The "Givanisms" were so popular that those who went to his retirement dinner in January 1995 found Justice Givan's favorite sayings printed out for them to take home.

At his retirement ceremony, he joked about being replaced by former Justice Myra Selby, the first woman to serve on the Indiana Supreme Court.

"I have a lot of faith in women. After all, I live in a sorority house," he said, referring to his wife and four daughters. In fact, he would tell his wife and daughters that he had to come to the office to make decisions once in a while.

The Indianapolis native was elected to the Supreme Court in 1968 and served until his retirement in December 1994; he was the chief justice from November 1974 to March 1987. He authored more than 1,500 majority opinions, dissented in more than 400 cases, and heard nearly 6,000 cases while on the bench.

Justice Dickson described Justice Givan as a model for dealing with the apparent conflict between personal beliefs and judicial duties. As a Quaker, Justice Givan advocated for the repeal of the death penalty statute in Indiana while he was in the legislature, but once he became a judge, he authored many opinions affirming death sentences by trial courts.

"He explained that his obligation under his oath of judicial office to uphold the laws of the State of Indiana prevailed over his personal, moral, and religious beliefs," Justice Dickson said in a statement. "After he retired from the court, Dick Givan resumed his opposition to the death penalty and even testified against it before a legislative committee."

The former chief justice was also a great storyteller, and often a brief or an opinion would remind him of a story with a lesson about how to deal with a client or how to handle a difficult courtroom situation, said Lafayette attorney Jerome L. Withered, who served as a law clerk to Justice Givan in the 1970s. He said the former justice never had trouble making decisions, despite his jokes with his family. The justice compared his role as judge to that of an umpire: Call the balls and strikes as you see them no matter who the players or teams are.

"It was not easy to predict his rulings," he said.

Justice Givan served as a pilot in the U.S. Army Air Corps during World War II and later was a flight instructor with the Air Corps Reservists. He received his LL.B. from Indiana University in 1951, where he worked as assistant librarian and research assistant to the Indiana Supreme Court. He was admitted to the bar in 1952 and was a fourth-generation lawyer.

Before joining the high court, Justice Givan served as an assistant attorney general, a Marion County deputy prosecutor, worked in private practice, and was a state representative in the 1967 session.

He is survived by his brother William C. Givan; daughters Madalyn Hesson, Sandy Chenoweth, Patty Smith, and Libby Whipple; 14 grandchildren; and 15 great-grandchildren.

The calling will be from 4 to 8 p.m. July 27 at Hall-Baker Funeral Home, 339 E. Main St., Plainfield. The funeral will be at 11 a.m. July 28 at the Fairfield Friends Church, 7040 S. County Road 1050 East, Camby.

Memorial contributions may be sent to Fairfield Friends Meeting General or Building Fund, or to the Hendricks County Community Foundation, 5055 E. Main St., Suite A., Avon, IN 46123, where the Givan Legacy Fund has been established to fund grants for projects that give back to the community.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT