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Former Justice Theodore R. Boehm joins Indy dispute resolution firm

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Aside from writing precedent-setting decisions and rules that govern the entire Hoosier legal community, now-retired Indiana Supreme Court Justice Theodore R. Boehm said there’s one significant part of his legacy on the state’s highest court that is mostly overlooked.

That is an atomic wristwatch he bought several years ago; it communicates every night with the Naval Observatory in Ft. Collins, Colo., to be accurate within one-tenth of a second. With a court tradition dictating that the second-newest justice lines up his four colleagues to enter the Supreme Court courtroom at precisely 9 a.m., having this watch and its precision accuracy has had a significant and practical impact on the court’s functioning.

theodore boehm Justice Theodore R. Boehm receives a standing ovation from those attending a ceremony Sept. 30 to say goodbye to the retiring jurist. (Photo courtesy of Jim Barnett)

As he put it during his recent retirement ceremony, he joked that this watch was his “only significant contribution to the judiciary.”

“Until now, I have not claimed public credit for this achievement, accomplished over considerable tripping, stumbling, and dithering by those behind me,” the 72-year old justice said at the ceremony Sept. 30. “In the future, Justice (Robert) Rucker will be the herder of the gaggle of felines, and as a token of my respect and sympathy, I am pleased to present him with this genuine used atomic watch.”

Marking the end of a 14-year career as one of the state’s top jurists, Justice Boehm told that story after many of his colleagues from the judicial and attorney ranks made their own remarks and tributes about his legal career. Well-wishers gathered inside the ornate third-floor Supreme Court courtroom at the Statehouse, celebrating the judicial career of a man who’s been an Indiana attorney since 1964 and had served on the high court bench since 1996.

Though his atomic watch story and other remarks brought laughs from those attending, the backdrop to the event was Justice Boehm’s accomplished career on the court and his time in the legal community. As a justice, he’d authored about 480 majority opinions and 80 dissents, and his judicial tenure included the creation of the oral argument webcasting, writing new appellate rules, leadership on a jury pool project, and a 2000 constitutional amendment that changed the Supreme Court’s jurisdiction to a mostly discretionary role.

Those in the legal community say that Justice Boehm’s legacy will be long-remembered and that he’s served on the court in a time when the administrative side has grown significantly, and he’s allowed the overall justice system to become more efficient. At the same time, both judges and lawyers and other public officials point to his non-legal involvement that has made Indiana a better place.

“Ted Boehm has found appropriate ways to be of this community and of this entire state community,” Gov. Mitch Daniels said. “We’re so fortunate that he came our way. That a person of this degree of talent was willing to lend and invest in year after year, chapter after chapter, in diversity of ways to the like we haven’t seen. He’s been a major part in the establishment of a national reputation that Indiana has as fine a supreme court as the country knows. He leaves to his successor and to his colleagues a very, very high target in order to maintain that stellar reputation.”

Indianapolis Bar Association president Christine Hickey thanked Justice Boehm for his service on the court and his leadership in the local bar association, legal community and larger civic roles. She announced the IBA is commissioning a biography to preserve his judicial legacy for future generations.

Former law clerk Cynthia Bauerly, who in June 2008 became the commissioner of the Federal Election Commission in Washington, D.C., represented those who’ve clerked for Justice Boehm through the years. She talked about his writing being clear and concise and “full of more baseball analogies than one might expect,” and that he was someone who clearly understands the law and its implications.

“Justice Boehm makes the work of judging look easy,” she said. “Certainly there are arguments to construct and caselaw to explain and cite into context, but at the end of the day even the hard cases looked easy for him. I think it was because he was confident of his conclusion, whether expected or not, popular or not, whether subject to political or press criticism. In each case, whether majority opinion or dissent, with humility, humanity, and sometimes humor, he’s explained why the law in his view required that result.”

In his goodbye speech, Justice Boehm noted that he’d be taking on the role of arbitrator, mediator, and “perhaps a few other roles” at Van Winkle Baten Rimstidt Dispute Resolution, an Indianapolis-based firm that was founded in 1995 and describes itself as the state’s first and oldest ADR-devoted firm.

Justice Boehm also said he didn’t plan to vanish from the public arena and that his many years in state government have given him some perspective of issues that need addressing. He criticized the many duplicative government services noted in the Kernan-Shepard report on local government reforms. He also criticized the current judicial selection slating system in Marion County that he described as “a scheme that purports to place the selection in the hands of voters but in practical effect leaves it under the control of a few party officials.”

“There are several pernicious results, not the least of which is the judges become a vehicle for raising funds for political parties,” Justice Boehm said. “Despite widespread derision, even ridicule of this system, few in government have the will to challenge it.”

Before concluding the ceremony for a reception, Justice Boehm made a point to answer the age-old question about what judges and justices wear beneath the black robes. He unzipped the robe and to applause and laughter, revealed his attire underneath: an Indiana Pacers jersey of No. 33 player Danny Granger that he wore over an Indianapolis Colts jersey of No. 18 quarterback Peyton Manning.•

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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