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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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