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Blomquist: Valuing Our Judiciary

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blomquist-ibaI am writing this President’s column in San Francisco at a meeting of the National Conference of Bar Presidents. Yes, there is an association of us, frightening though that may seem, yet I unapologetically say it is a good thing. This association helps bar leaders and executives analyze and confront the unique challenges we have as our legal worlds collide, whether it be defining (and paying for) the ideal legal education in 2013, triaging the challenges of our underfunded courts, the changing professional landscape for today’s (and tomorrow’s) practitioners or the very real access to justice issues apparent by the increasing percentage of individuals and businesses who just cannot afford to hire a lawyer anymore to solve their problems.

For example: one panel I attended at this conference was about the continued politicizing of the judiciary in this country and the literal backlash against judicial officers because of the decisions they make. As if judges’ interpretations of the law should be subject to political approval; as if their jobs depended on their towing the party line.

Lest you think this is not possible, think again. In 2009, a unanimous Iowa Supreme Court struck down that state’s law limiting marriage to heterosexual couples only.1 Subsequently in 2010, three of those justices up for retention were defeated – the result of an unprecedented attack on the merit selection process saying it is wholly undemocratic, and that judges’ legal opinions should mirror the opinions of the general public. Regardless of what you think of the issue of same sex marriage, to me it is abhorrent that our judicial officers can literally be removed from the bench because their interpretation of the law is not in alignment with prevailing public opinion.

This is not just an issue in Iowa. At least nine other states including Indiana have considered measures in their most recent legislative sessions that would significantly modify or even eliminate the “merit” selection system as it stands, resigning judicial selection to political influence over qualifications.

However, here in Indianapolis at the IndyBar, we are staying the course and not wavering from our longstanding position in favor of merit selection. We will continue to support our members on the bench by responding to unfair judicial criticism. Likewise, we support limits on political contributions and a transparency in reporting. We oppose slating fees that give the appearance of impropriety and subsequently put our judges unnecessarily at risk.

As recently as last month, the full IndyBar Board of Directors approved the proposed Model Rule Guidelines which were formulated by the Attorneys for an Independent Bench (AIB) Committee earlier this summer under the superb leadership of AIB Committee Co-Chairs and Past Presidents John Kautzman and Kevin McGoff. Visit www.indybar.org to view the proposed guidelines.

This Bar will continue to serve its members, who in overwhelming numbers support Merit Selection and the Rule of Law unfettered by political persuasion. As Alexander Hamilton outlined in the Federalist Papers, it is the judiciary’s unique power to be able to render government action unconstitutional, even if it may be popular. Absent this power of independence, there are no sufficient checks and balances against unconstitutional government action. Absent this power of independence, judges are just politicians in black robes.•

1 Varnum v. Brien
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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