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Faith in practice

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At the dinner following a recent Red Mass, Indianapolis Archbishop Joseph Tobin talked to members of the legal community about civility. He reminded them to take a more gentle tone, respect the beliefs of others and work to build what Pope Francis calls a “culture of encounter.”

“If dialogue means anything, it means not only that we take another seriously, but it means that we revere the other as a fellow human being with gifts and talents from God,” the archbishop said. “… When we respect differences of opinion and dialogue, we respect and revere the differences that provide variety and give texture to this great country of ours made so by others having welcomed our forefathers and foremothers.”

nd-basilica-alter-with-bishop-kevin-c-rhoades-15col.jpg Bishop Kevin Rhoades (far right) leads the Red Mass at the Basilica of the Sacred Heart on the University of Notre Dame campus. The purpose of the Red Mass, held especially for the legal community, is to invoke God’s blessing and guidance upon those who administer justice. (Photo courtesy Susan Good/Notre Dame)

The Red Mass, a Catholic service especially for members of the bench and bar, was the appropriate setting to speak of civility. Although the mix of religion with secular law could raise eyebrows, attendees said the annual service gives them the opportunity to reflect on their professional responsibilities within the judicial system and the larger community.

“I thoroughly enjoyed it,” said Indiana Court of Appeals Judge Rudolph Pyle III. “I thought it was a great reminder to all of us in the legal community of how we don’t just serve ourselves, but serve a greater purpose and the one who truly administers justice.”

Red Masses, so named because of the red vestments the priests wear, are held across the country every year, usually in October. St. Matthew’s Cathedral in Washington, D.C., celebrates a Red Mass to mark the beginning of the term for the Supreme Court of the United States.

In Indiana, Red Masses included those held at the Cathedral of the Immaculate Conception on Oct. 2 in Fort Wayne and in the Basilica of the Sacred Heart at the University of Notre Dame on Oct. 7, with Bishop Kevin Rhoades as the celebrant. St. John the Evangelist Catholic Church was the site for the Red Mass Oct. 9 in Indianapolis.

Private attorneys, law school students and faculty, judges, law clerks and elected officials attended the services.

In the Circle City, the St. Thomas More Society of Indianapolis and the Archdiocese of Indianapolis co-hosted the Red Mass and dinner afterward.

The Mass at St. John’s began with the traditional processional of the judiciary followed by priests and the archbishop.

Indiana Attorney General Greg Zoeller and U.S. Trustee for Region 10 and Region 13 Nancy Gargula led the line of judges to the front of the church. The members of the bench, dressed in their black robes, represented a variety of Indiana’s state and federal courts.

Notre Dame law professor Richard Garnett attended the Red Mass at the Basilica as he often does. He has made a point of going since his law student days.

For a profession that carries the responsibility of administering justice, the Red Mass serves to emphasize the importance of serving the common good, and not the good of yourself or the good of a few, he said.

“For me as a lawyer and law teacher and a Catholic, the idea of law as a vocation is really important,” Garnett said.

To his students, he tries to communicate the message that law is a calling and not a job totally separated from personal beliefs and values.

As a Marion Superior judge, David Certo said his religious faith is tested every day, but his values have never conflicted with his duties on the bench.

“My oath is to follow the law, and that’s the oath I take seriously,” he said. “I also have an obligation to treat people with dignity and respect and that I can do following the law.”

Pyle also noted his faith has not come in conflict with his duties as a judge. Every morning, he takes time to say devotions and ask for guidance. If a troubling dilemma between his faith and his profession would arise, he said he would handle it by continuing to pray for guidance.

apb-redmass01-15col.jpg Indiana Attorney General Greg Zoeller (right) joined members of the judiciary for the 2013 Red Mass held at St. John the Evangelist Catholic Church in Indianapolis. (IL photo/Aaron P. Bernstein)

The current president of the St. Thomas More Society of Indianapolis, Greenwood attorney Patrick Olmstead, called himself one of the weaker members, often having his character tested by opposing counsel. Lawyers, he said, have many pressures from running a practice and helping clients know the law and the facts of the case. Being a jerk to colleagues is unnecessary and only adds to the pressure, he said.

The principles espoused at the Red Mass, along with regular weekly worship services, help him to be more patient and less likely to fire off an email in anger. Olmstead learned civility in church as well as from his early mentors, namely John Hoover.

The decay of civility in the legal profession is a reflection of the overall decay of the sense of community in society, Olmstead said. At the Red Mass, however, attorneys and judges of different faiths come together and participate as a legal community.

Garnett echoed Olmstead in noting these are challenging times for the legal profession. The Notre Dame professor sees the challenges growing which, he said, makes the Red Mass even more important.

As he watched the congregants at St. John, the Rev. Rick Nagle was struck by the site of professional colleagues who share a common bond despite having to sometimes battle each other in court.

Promoting that professional collegiality was part of the impetus for starting a St. Thomas More Society chapter in Fort Wayne. Members of the bar in Allen and the surrounding counties have come together for the past 10 years to celebrate the Red Mass, and this year, with the encouragement of the Catholic Diocese of Fort Wayne – South Bend, they formed the society.

Allen Superior Judge Craig Bobay said the society provides the opportunity for lawyers and judges to discuss common ethical and spiritual issues that come before them. It gives a moral and religious basis for camaraderie, and the Red Mass is another forum for reflection on those ideals.

“It’s a nice time to come together to celebrate the way we make our living while also celebrating our common faith,” Bobay said. “We celebrate the role that the legal profession has in civil society.”

About three years ago, the Red Mass in Indianapolis was a sparsely attended event. During the 2010 service, there were only five dignitaries and just a handful of people in the pews being led in prayer by the archbishop and 12 priests.

Gargula began attending the Red Mass while in law school at Notre Dame and has maintained that tradition into her professional life. The dry spell, she believes, developed when attorneys had not been recruited to fill leadership roles.

Certo and Gargula, along with other members of the St. Thomas More Society of Indianapolis, actively reached out and engaged attorneys over the common themes of the profession and faith. The result was a markedly larger attendance to the 2011 Red Mass.

“It’s the one celebration where everyone has the opportunity to celebrate at the same time with a common goal,” Gargula said.•

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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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