ILNews

Senior status not likely to slow Judge Barker

Back to TopCommentsE-mailPrintBookmark and Share

Attorneys and judges alike say whenever Judge Sarah Evans Barker is on the bench, there is no question who is in charge in that courtroom. This is a judge they universally describe as well-prepared, well-organized and authoritative, but not averse to occasionally introducing a little humor in the proceedings.

It is not surprising that when Barker, U.S. District judge for the Southern District of Indiana, announced her plans to take senior status June 30, many in the legal community caught their breath. Then they learned that she will be continuing to work at full bore until a successor is appointed, and only at that time will she cut her caseload slightly.
 

barker-sarahevans0414-1col.jpg District Court Judge Sarah Evans Barker hopes to have more time to spend with her grandchildren as she transitions to senior status. (IL Photo/ Marilyn Odendahl)

Upon hearing of Barker’s intentions, Ronald Elberger, her law school classmate and former Bose McKinney & Evans colleague, smiled.

“It means she is still going to be in the federal court, which is good news,” he said.

Thirty years ago, Barker was tapped for the federal bench. She was confirmed by the U.S. Senate in 1984, becoming the first woman to serve as a District Court judge in Indiana.

Even before she put on a judicial robe, Barker had been kicking at the glass ceiling. In 1972, she was the first female hired as assistant U.S. attorney for the Southern District of Indiana. Nine years later, she was appointed U.S. attorney, then being just one of two women to serve in that position.
 

elberger-ron-mug Elberger

Barker said she knew that serving as a federal judge would be challenging and take all the talent she had, but it would also be interesting and rewarding.

“You have an extended reach as a judge into our society to affect the relationship and the course of events and the interpretation of law,” Barker said. “So you do that with a modesty, you do that within the parameters of your role and with a sense that your part is only to give things a little nudge, not to be preemptive in terms of reorganizing people’s lives and affairs.”

Along the way, Barker always took time to mentor and help attorneys build their careers. She played matchmaker, pointing lawyers to opportunities both in the profession as well as in the community.

Sam Laurin, partner at Bose, faced Barker two times as a young attorney, barely six years into his practice. One day, he asked if the court could end session early so he could go home for his daughter’s birthday. Barker readily obliged, and then they spent a few minutes off the record talking about their children.

sarah-evans-barker-factbox

laurin Laurin

Laurin knew to be prepared when going to Barker’s court and to never be late, a lesson he learned when opposing counsel arrived after the appointed hour.

“The trains are going to run on time in her court, but there is time for occasional levity as well,” Laurin said.

The Southern District of Indiana is one of the busiest District courts in the country and that, Barker said, is one of her primary motivators for her decision to transition at this time – an additional judge will bring relief to the docket. Once she becomes a senior judge, a vacancy will open on the five-member court and once a new judge is appointed, she will cut her caseload to 80 percent. Her reduced caseload, combined with Senior Judge Larry McKinney’s caseload, will essentially add a sixth judge to the Southern District.

“For me, part of the fun has been to come in every day and see what arrives in my inbox and then to see if I am up to the challenges it presents,” Barker said. “I’ll just keep doing it that way.”

Three decades has filled her docket with a wealth of cases, but she does not want to choose which was more special, comparing it to asking a mother to choose her favorite child. Every case deserved her careful attention and best effort, she said.

When rendering an opinion, Barker maintained the judge has the role and responsibility to stay limited to the legal question being presented by the case.

She pointed to her decision in the complaint over the state’s voter ID law, eventually upheld by the Supreme Court of the United States in Crawford v. Marion County Election Board, as an example. There, she said, she addressed the ID law as it was argued and on the basis of the facts and law as presented found the statute to be constitutional. She emphasized she did not rule on the wisdom of the voter law, nor did she tell the Legislature what she thought the state should do.

“That sort of captures my sense of what a judge does,” Barker said. “You decide the case before you, you don’t decide wider issues.”

Likewise, in deciding Buquer v. City of Indianapolis, City of Franklin, Johnson County, 1:11-cv-0708, she found the state’s immigration law to run afoul of the Fourth Amendment.

The judge’s role, Barker continued, is to render a decision on the case presented. From the bench, the judicial officer should look at the parties, look at the mechanics of the case as to whether it was brought in the proper venue at the right time, and are the right issues being raised when attacking the statute.

One of the cases that solidified Barker’s judicial reputation was the Bridgestone/Firestone Tire Products multidistrict litigation that involved more than 800 lawsuits from all over the United States and overseas. The case was assigned to Barker in 2000 and took a decade to resolve with the first four years being the busiest.

To help with the massive litigation, Barker called upon U.S. Magistrate Judge V. Sue Shields and appointed Debra McVicker Lynch, now a magistrate judge with the Southern District, to the special master position.


debbie lynch Lynch

Lynch had developed an interest in being a judge during the two years she served as Barker’s first female law clerk. She has no doubt Barker had her in mind when she asked the Judicial Panel on Multidistrict Litigation for a special master.

“I think what’s really important that doesn’t get out often enough about her is that she didn’t strive to be the first, she strived to be one of many women,” Lynch said of Barker. “I really think it’s important to be said that she was not just the first but she always tried to be one of many, many women in leadership positions.”

At the first pretrial conference of the Bridgestone/Firestone litigation, Barker’s courtroom was a sea of mostly male lawyers dressed in black and gray suits. Lynch remembers entering with Barker and Shields – three women in charge of a major case that involved numerous issues and countless plaintiffs.

Barker and her decision to put women on the team must have sent a strong message. At the next pretrial conference, Lynch said, more women lawyers were in attendance.

Outside the courtroom, Barker continued to champion women. She was a driving force behind the Women in Law Conference, previously sponsored by Indiana Lawyer, which brought the female members of the bar together to network and talk about issues in their practices, including balancing work with families.


vaidik-nancy.jpg Vaidik

Indiana Court of Appeals Chief Judge Nancy Vaidik remembers picking up the phone shortly after she had arrived in Indianapolis and hearing Barker introduce herself and offer an invitation to lunch. Vaidik is now following Barker’s lead by mentoring and helping young women as well as her law students at Indiana University Maurer School of Law.

“Judge Barker knew she had a responsibility,” Vaidik said. “She told me she knew if she screwed up she would set back other women. Her most lasting legacy is not the cases and not (being) the first woman. It is her generosity and mentoring of other women in her own funny, smart, lady-like way.”•






 

ADVERTISEMENT

  • Judge Barker's Court
    I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

ADVERTISEMENT