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Chief justice completing his 'dream job'

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Being a judge wasn’t something Indiana Chief Justice Randall T. Shepard originally had on his list of lifetime interests.

But an unexpected path led him to a position he says has been a “dream job.” Now, after 27 years on the Indiana Supreme Court and a quarter century as chief justice, he is ready to start the next chapter in his life.

With his 65th birthday approaching on Christmas Eve, Shepard announced Dec. 7 that he would be stepping down from the state’s highest court on March 4, the date that his current five-year term as chief justice is scheduled to expire.
 

shepard Indiana Chief Justice Randall T. Shepard (IL Photo/ Perry Reichanadter)

“He could have left years ago and still went down as a great justice in our state’s history, but he’s continued to have a remarkable impact

on our legal community and cause of justice everywhere,” Indiana Attorney General Greg Zoeller said.

Pointing to the court’s calendar and timing of the chief justice appointment as factors, Shepard said nothing specific pushed him to step down now. But it’s something he has discussed with his family and this felt like the best time to leave.

After joining the appellate bench in September 1985, Shepard became chief justice in March 1987 and has been reappointed four times. He was last retained as a justice in 2008 and his term would have run through 2018.
 

EXTRA
Click here to view some of Justice Shepard's accomplishments.

“I’ve heard others say that they felt it was just time to let someone else take over, and that’s how it feels for me,” he said. “This is a natural thing … well, mostly natural when it’s secondary to serving out the full term. As a family we’ve faced the question, ‘Is this something we still want to be committed to?’ The answer has been yes, but we decided this year it’s time to let someone else take the lead.”

Shepard will continue in the chief justice role until his retirement in March. He will give his final State of the Judiciary address Jan. 11.

“I’ve committed most of my adult life to this, trying to improve the quality of justice for our state and occasionally for other places,” he said. “It’s proven every day to have been the right choice.”

A Princeton University undergraduate who earned a degree from Yale Law School in 1972, Shepard served briefly as special assistant to the Under Secretary of the U.S. Department of Transportation before returning to Indiana and working as chief assistant to the mayor of Evansville. He made unsuccessful bids for political office before his eventual judicial election, something that a friend convinced him might be a good idea in 1980 despite his initial thought he was too young and inexperienced as a solo practitioner. He became Vanderburgh Superior judge in 1981 and stayed at the trial court level for four years until Republican Gov. Robert Orr selected him to replace retiring Supreme Court Justice Donald Hunter. After being on the court for a little more than a year, the Indiana Judicial Nominshepardating Commission chose Shepard to succeed Chief Justice Richard Givan for that administrative post.

The rest is history, Shepard says with a laugh.

His legal legacy

Authoring nearly 900 opinions during his time on the court and 68 law review articles, Shepard has ushered in monumental changes in the state’s judiciary. He’s directed changes that have strengthened capital case standards, made the Supreme Court one of “last resort” where it has discretion over most appeals, and opened up the appellate courts’ doors to cameras and online live broadcasts during oral arguments. Shepard also co-created the Indiana Conference for Legal Education Opportunity in 1997. In 2007, he co-chaired the Indiana Commission on Local Government Reform with former Gov. Joe Kernan, an effort that led to publication of the “Kernan-Shepard Report” on streamlining government.

The chief justice says that many of the accomplishments during his tenure – achievements he’s credited for shepherding – have largely been ideas and initiatives from his fellow jurists and lawyers.

“I don’t know how many times people have come through that door with an idea, and all I’ve really had to say was ‘OK, I like it.’ The broad change we’ve seen has been the product of hundreds of others in our legal community, and I’m proud we can use this time to celebrate how all of us have brought us to this point.”

The chief justice said the nicest thing he has ever heard someone say is that Indiana’s high court “cares about the cases it never sees,” and he has worked diligently through the years to make that impact outside the court more noticeable.

Those in the legal community say Shepard’s reach goes far beyond any case or specific Indiana issue and extends to every level of the practice of law in and outside the state. They say he’s a trailblazer who has made a difference in everything from court structure, practicing standards and continuing legal education.

Zoeller recalls attending the chief’s investiture ceremony in 1985 and Shepard saying how his goal was to have judges and courts throughout the country look to what Indiana was doing. That’s exactly what Shepard has done, and he’s also improved the foundation of the judiciary in Indiana in working with the legislative and executive leaders.shepard-commission

Dave Remondini, who was the chief’s justice’s counsel and court spokesman for more than a decade before becoming second-in-command at the Division of State Court Administration in 2007, struggled to find the words to describe Shepard’s impact. Starting as a reporter covering the court and Statehouse in the late 1980s, Remondini has been a key observer of Shepard’s time leading the Indiana judiciary.

“Groundbreaking and innovative come to mind, but really I think we’re light years from where we were then,” he said, noting that the most monumental change has been the chief justice’s work to make the court turn outward from itself.

“People can always find ways to improve the courts, but looking back, the citizens of Indiana have infinitely better access to justice at the courthouse door than they did before,” he said.

Remondini said Shepard’s leadership and vision are largely responsible for that, and he’s always been a “force-enabler” for the judiciary and legal community. It’s a shame Shepard never served beyond Indiana, he said.

“It’s very clear that we’ve been privileged to have him as chief justice for so long, but I think it’s a shame he never served anywhere on the national stage,” Remondini said. “He would have brought the same class, common sense and civility to any appellate bench. The impact he’s had on history could have been even greater, and I think that’s a loss for the country.”

What’s next?

The seven-member Indiana Judicial Nominating Commission, which Shepard chairs, will begin interviewing candidates in February and Gov. Mitch Daniels will select the state’s 107th justice from three finalists. The commission will subsequently choose who from the high court will succeed Shepard as chief justice.

As for Shepard, he hasn’t made any decisions yet as to his future.

He said there’s “a lot I’m interested in doing,” and he might end up doing more than one thing. But he said those plans will be made closer to the time he leaves the bench. He plans to continue in a senior judge capacity, something many other judges have done after their official tenures comes to a close. He’s also not sure if he will embrace the idea of traveling and talking about judicial independence, something other past judges at the state and national levels have done.

One thing is certain for now: he’s not planning to leave Indiana, even for the appealing notion of teaching out East where he received his undergraduate and legal education.

“This is our home,” he said, reflecting on his being the seventh generation to live in Indiana. “I don’t know what the next chapter is going to be, but this has been a wonderful place to spend a life.”•

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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