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Bentley: Darden honored for impact, influence on legal community

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Indiana Lawyer Commentary

By Cassandra A. Bentley

On September 14, 2012, the Marion County Bar Association hosted a retirement dinner in honor of Judge Carr L. Darden, who retired as a full-time appellate judge from the Indiana Court of Appeals on his 75th birthday, July 21, 2012. The event was held at the downtown Indianapolis Marriott and included dinner, musical entertainment and remarks from several individuals to whom Judge Darden has served as a colleague, mentor, family member and friend.

The dinner was attended by more than 230 guests, including judges and attorneys from the Indiana legal community, as well as many of Judge Darden’s family and friends. Proceeds from the dinner will benefit the Judge Carr L. Darden and Mrs. Lundy Darden Public Sector Legal Education Scholarship Fund, a recently established scholarship at Judge Darden’s alma mater, the Indiana University Robert H. McKinney School of Law in Indianapolis.
 

darden-mcba-15col.jpg Lundy Darden dances with her husband, Judge Carr Darden, at the retirement dinner held in his honor by the Marion County Bar Association Sept. 14, 2012. (Photo/James Carey)

Masters of ceremony for the celebration were the Hon. Judge Tanya Walton-Pratt, U.S. District Court for the Southern District of Indiana, and her husband, attorney Marcel A. Pratt Jr. Several speakers gave remarks about the impact that Judge Darden has made in the Indianapolis legal community and beyond, including fellow Indiana Court of Appeals judge, the Hon. James Kirsch; past president of the Indiana State Bar Association, Roderick Morgan; president of the Indianapolis Bar Association, Scott Chinn; attorney Wandini Riggins, former law clerk for Judge Darden; daughter Bellary Darden-Davis; and past chair of the MCBA board of directors Nathaniel Lee. Following dinner and remarks, guests joined Judge Darden in one of his favorite activities, dancing, with music provided by disc jockey Norman Reed, attorney at law. Throughout the evening, guests had the opportunity to record video messages to Judge Darden to express their appreciation and well wishes.

Among the distinguished guests were current and former judges, including Chief Justice Brent Dickson and Justice Steven David, Indiana Supreme Court; Chief Judge Margret Robb and Judges Mark Bailey, John Baker, Paul Mathias and Patricia Riley, Indiana Court of Appeals; Judge John Tinder, 7th Circuit Court of Appeals; Magistrate Judges Denise K. LaRue and Tim Baker, U.S. District Court for the Southern District of Indiana; Justice Myra Selby, Indiana Supreme Court (retired); Judge John Christ, Marion Superior Court (retired); Judge Annie Christ-Garcia, Marion Superior Court; Judge John M. Sedia, Lake Superior Court; Judge Roland Chamblee, St. Joseph Superior Court; Judge Stanley Levine, Allen County Superior Court; Administrative Law Judge Noell Allen; Judge Ricardo Rivera; and Judge Maxine King.

Judge Darden has been a valuable member of the Indianapolis legal community for over 40 years. He was named to the Court of Appeals by Gov. Evan Bayh in October 1994, and was only the second African-American to serve on that court. Judge Darden formerly served as a presiding judge in the Marion Superior Court and the Marion Municipal Court systems. He also served as the chief deputy state public defender of Indiana. Following his retirement, Judge Darden was appointed senior judge on the Court of Appeals by the Indiana Supreme Court on July 24, 2012.

Judge Darden is a lifetime member of the MCBA, the National Bar Association, and the National Association for the Advancement of Colored People. He is also a member of the American Bar Association, the ISBA, and the IBA, and a Distinguished Senior Fellow of the Indianapolis Bar Foundation. Judge Darden has been honored twice as a Sagamore of the Wabash, Indiana’s highest distinguished citizen award. In July 2012, the Indiana Continuing Legal Education Opportunity Program announced that its summer institute would be renamed the “Carr L. Darden CLEO Summer Intern Program” in his honor.

To give back to the legal community, Judge Darden and his wife of 57 years, Lundy Darden, established the scholarship fund at I.U. McKinney School of Law in July 2012. The scholarship will be awarded to students at the law school who have demonstrated an interest in state and local government and pursuing careers in public service. Donations to the scholarship may be made through the Indiana University Foundation at the I.U. McKinney School of Law, and contributions should be designated to go to the Darden Public Sector Legal Education Scholarship Fund.

Judge Darden has been an invaluable member of the MCBA for several decades. He served as a longtime member of the board of directors and has provided guidance and mentoring to countless young lawyers in the Indianapolis community. He has always had an open door to the members of the bar association and continues to advise the board whenever he is called upon for additional guidance. The MCBA is eternally grateful to Judge Darden for his instrumental role in the growth and development of the organization and its members and wishes him well as he transitions into the next chapter of his legal career.

The MCBA was founded in 1925 as an association for African-American attorneys who, until 1952, were excluded from the ABA and other majority bars. Today, the MCBA continues to serve as an organization dedicated to addressing the needs of all minority attorneys through mentoring, education, community service and activism, and the furtherance of diversity in the Indianapolis legal community.•

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Cassandra A. Bentley is a law clerk for the Hon. Magistrate Judge Mark Dinsmore at the U.S. District Court for the Southern District of Indiana. She also serves on the board of directors of the MCBA and the Judges and Lawyers Assistance Program committee.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. 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)

  4. "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.

  5. 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.

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