ILNews

Darden winds down his appellate career

Back to TopCommentsE-mailPrintBookmark and Share

Indiana Court of Appeals Judge Carr Darden has worked every day since he was 13, but that’s soon going to change.

The state’s mandatory retirement age of 75 for appellate judges is knocking on Darden’s door, requiring him to step down this summer from the job he’s held for almost 18 years.

carr darden Indiana Court of Appeals Judge Carr Darden will wrap up a 40-year legal career when he retires from the state’s intermediate appellate court in July, the month he reaches the mandatory retirement age of 75. (IBJ Photo/ Perry Reichanadter)

Darden submitted a letter Jan. 3 to the Indiana chief justice and the governor’s office announcing he will retire as a full-time appellate judge on his 75th birthday, July 21. He plans to stay until the last day, balancing the line between “leaving too early” and staying around until he’s “ineffective or callous in judging.”

Darden said he’s been preparing for several months, hoping to ease into retirement with a smooth transition.

“There’s no doubt I would say yes, that I’d stay on longer if the law didn’t say I had to leave at this point,” he said. “But on the other hand, I look at all the years I’ve worked and this is a relief in that sense.”

Darden was appointed by Gov. Evan Bayh in 1994 to fill a vacancy created by Judge Stanley B. Miller’s death. He graduated in 1970 from Indiana University Robert H. McKinney School of Law and spent the first part of his career in the State Public Defender’s Office and Marion County Public Defender’s Office.

Darden originally laughed at the idea of becoming a judge when others suggested it, but he later became a Marion County master commissioner to see if it was a career path he’d like to pursue. That led to him serving on the Marion Municipal and Superior courts in the late 1980s and early 90s until his appointment to the COA.

Since then, caseloads have increased by more than 14 percent and Darden said much of the way the court does business has changed significantly – from technological changes to how the appellate panels are structured to decide cases. When he started, the panels were divided up by each of the four judicial districts instead of the rotating nondistrict-focused organization the appellate court uses now. That meant each panel was together for at least two years instead of only a few months as they are now before a random rotation of new judges occurs.

But change has been a good thing. Darden said the court collaborated better after blurring those divisional lines.

“Now when we speak, we do so as a unified court of appeals that operates in three-judge panels representing the state,” he said. “That was a significant change.”

Darden doesn’t discount the significance his presence on the court has had in the area of diversity – he’s the only African-American on the Court of Appeals since Justice Robert Rucker left the intermediate appellate bench to join the Supreme Court in 1999. He hopes diversity will be a consideration when his successor is chosen to ensure at least the same minority representation on the court.

“I wish I could guarantee another African-American could be a part of the process,” he said. “Having diversity on the court makes an impact, since we can enlighten each other on our own views and reading of the laws. We shouldn’t blindly follow that, but know that diversity is important and needed because everyone has to be represented in what we’re doing here.”

Darden said he spoke with Chief Justice Randall Shepard in August about his retirement, indicating he would gradually phase out his leadership responsibilities. Darden decided to submit his letter at the start of 2012 to allow the Indiana Judicial Nominating Commission enough time to begin interviewing judicial applicants.

Shepard’s announcement in mid-December about his plan to retire in March was a surprise, Darden said, and he wonders how that will impact the selection process for his replacement. The process to find Darden’s successor has not yet started.

To prepare for his retirement, Darden stepped down from leadership roles with the Judges and Lawyers Assistance Program Committee, the Criminal Court Benchbook Committee of the Indiana Judges Association and the Senior Judges Committee for the Indianapolis Bar Association. He isn’t able to decrease his caseload, but he has started saying no to new assignments in order to allow others to take on those tasks.

“My staff doesn’t like to leave me alone, because it seems like every time they step away, I’m answering the phone talking and agreeing to something,” he said. “I’m cutting back on that.”

The Judicial Family Institute has said that retirement is something too many judges fail to adequately think about while they’re on the bench, not considering how they’ll truly feel about being retired before they get to that stage.

Senior judges who’ve gone through the retirement process say that the administrative planning Darden’s doing is about all that anyone can do before stepping down. How much a judge can gradually withdraw depends on the level of activity and involvement each person has.

Senior Judge Patrick D. Sullivan, who left the Court of Appeals in 2007 after four decades, said he evaluated in advance of his retirement whether he could continue to contribute as a senior judge.

“You have to know when your time’s come and look ahead to what you’ll want to realistically do,” he said.

No other Court of Appeals judges are required to retire soon due to age, but that doesn’t mean they can’t choose to leave at any point, court administrator Steve Lancaster said.

“There’s not much you can actually do and plan for until there’s a new judge named, but you can gather your resources and energy mentally,” he said. “We don’t assign cases differently and there’s really not a lot the court can do about the loss of experience because that’s inherent. You really have to make sure the staff is ready for a smooth transition and the new judge has the ability to hit the ground running.”

Darden plans to be a senior judge at the appellate and trial court levels, but he is concerned about how much the trial court experience has changed in the nearly 18 years he has been a COA judge.

Darden recalls a conversation with his friend, U.S. Senior Judge William Steckler, prior to his death. For so long, Steckler said, he and his wife had put off “living life off the bench” until he retired, and then within only a few years of his retirement, she died. Darden has used that experience as guidance in his own life, traveling and spending time with his family and doing church activities as much as he can.

“I’ve been living my life while on the bench, not waiting until after I’ve left,” he said, noting that he and his wife of 57 years have maintained a balance between his judicial work and leisure. “This has been the best job in the world and this is my home, but we’ve tried to make sure we’re not waiting for something that might never come.”•
 

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Annaniah Julius annaniahjmd@ymail.com Ashlynn Ong ashlynnz@hotmail.com Baani Khanna baani2692@gmail.com boatcleaners info@boatcleaners.nl DEBBIE BISSAINTHE bissainthe56@yahoo.com Diane Galvan dianegalvan@ymail.com Dina Khalid dina.shallan@gmail.com - dinashallan@gmail.com Donna Isaiah donnaisaiah@hotmail.ca donnikki donnikki@att.net Emily Hickman emilyhickman78@yahoo.com Emma emmanoriega18@yahoo.com estherwmbau2030 estherwmbau2030@gmail.com Freddeline Samuels freddeline.samuels@gmail.com Ilona Yahalnitskaya ilona10@optonline.net Jasmine Peters jasminepeters79@ymail.com Jessica Adkinson jessica.adkinson@gmail.com - jessicaadkinson@gmail.com Jimmy Kayastha doc_jim2002@yahoo.com Jonnel Tambio syjam1415@gmail.com Katarzyna katet2806@gmail.com Katie Ali katieali.rpn@gmail.com Leah Bernaldez leij1221@gmail.com linda sahar tarabay ltarabay65@hotmail.com Ma. erika jade Carballo mej_carballo1993@yahoo.com mark voltaire lazaro markvoltaire_lazaro@yahoo.com mawires02 mawires02@gmail.com Narine Grigoryan narinegrigoryan1993@gmail.com Richie Rich richie.2022@gmail.com siya sharma siyasharma201110@gmail.com Steven Mawoko rajahh07@gmail.com vonche de la cruz vonchedelacruz@yahoo.com

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

ADVERTISEMENT