Leadership in Law 2013: Hon. Lloyd Mark Bailey

Judge, Indiana Court of Appeals, Indianapolis Indiana University Robert H. McKinney School of Law

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mark-bailey02-15col.jpg (IL Photo/ Perry Reichanadter)

Indiana Court of Appeals Judge L. Mark Bailey has come a long way from his college days when he worked as a courier in a law firm to get exposure to the legal system. His career path has taken him from a small firm and a solo practice to serving as an administrative law judge, state trial judge, and now a jurist on the Court of Appeals. Mark, along with Judges John Baker and Edward Najam, initiated the “Appeals on Wheels” project that brings appellate arguments into community settings. While serving on the bench, he has earned his master’s in business administration from Indiana Wesleyan University. He continues to seek out learning opportunities – in 2009, the judge earned a designation as an Advanced Science & Technology Adjudication Resource Center Science and Technology Fellow. Mark’s ability to blend legal, social and public policy analysis is admired by his colleagues.

What civic cause is the most important to you?
Meaningful access to justice.

If you could take a sabbatical from the law for a year to work your fantasy job, what job would you choose?
I would return to the family farm.

In life or law, what bugs you?
A sense by some people that life is just a dress rehearsal which allows them to traipse through it without any sense of personal meaning or purpose.

If you could meet and spend a day with one lawyer from history, who would it be and why?
Thurgood Marshall. I can’t think of a better person to provide unique insight, understanding and perspective on the role of law in our society.

What class in law school did you find the most difficult?
Every class presented its own unique challenges. The goal for me was to master the unique terminology for each subject and to understand its boundaries, history and purpose in our society.

What do you find scary?
Missing a deadline.

If you could go back in time, “when” would you go to and what would you do?
Follow Stephen Decatur to battle in the Barbary Wars on the open seas of North Africa.

What advice would you give your 25-year-old self?
Read Stephen R. Covey’s book, “7 Habits of Highly Effective People” and “prepare to begin!”

If you could have one superpower, what would it be?
Fully understand the reasons for each person’s perspective.

If you could pick a theme song to describe your life, what would it be?
“Bright Side of the Road,” by Van Morrison. From my perspective, the song reflects a great life with my wife of 29 years and counting.

Would a world without 24/7 technology be a good or bad thing?
It is what it is. Just because it’s there doesn’t mean it has to be engaged 24/7.

Numerous TV shows center around lawyers and their practices. Are any of them close to realistic?
“The Good Wife.” It depicts real issues involving lawyers, their clients and their practices. The resolution of those issues is not so realistic. Most legal issues unfold over a period of time, not in an hour from beginning to end including commercial breaks. Additionally, wouldn’t it be nice if we could truly write the script for each client’s case.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.