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Chinn: Checking Our Institutions

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iba-chinn-scottEvery time I travel alone, say for an out-of-town deposition, I am conscious of those blocks of time in which you get to be alone in your thoughts. As much as the travel itself is rarely fun, I almost always find great value in those periods of “travel reflection,” especially when things prior to leaving home have been so busy.

Most recently, during an episode of travel reflection, I thought about the importance of the three cousins of dissent, acting against self-interest, and candidness in the face of power. All are essential components of checking powerful interests and institutions. And the first thing I noticed is that I haven’t spent much time thinking or talking about those things lately. True, we’re trying to do lots of things at the IndyBar to be inclusive and pluralistic, not the least of which is our engagement in a several year, multi-phase communications plan initiated under Mike Hebenstreit’s leadership last year that we are confident will add many avenues of receiving and distributing bar-related content. But that’s not the same thing as critically observing the need to review and, where appropriate, reform our leading institutions.

To take a half-step back (actually, maybe 23 years back), I once thought a lot more about these things. I am the stereotypical former college student that was “destined” to be a civil rights lawyer. I vividly recall sitting in a high-backed chair in the Indiana University Memorial Union reading the opinion in Texas v. Johnson (the U.S. Supreme Court’s 1989 flag burning case) for an undergraduate communications law course. Justice William Brennan’s majority opinion spoke to me: “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” By contrast, I found Chief Justice Rehnquist’s dissent nearly laughable. It focused on undeniably profound historical reasons for revering the American flag, but chided Justice Brennan for his “civics lesson” on the importance of dissent.

Time traveling forward to 2012, it turns out that my résumé doesn’t read like that of a civil rights lawyer. For most of my 18 years in practice, I have represented institutions – state governments, every kind of local government body, elected officials, public schools, corporations and others. It was in representing one of those governments that I argued before the U.S. Supreme Court in a case in which I got exactly three votes for my position – those of Chief Justice Rehnquist, and Justices Scalia and Thomas (Who’s laughing now?!). And I’m speaking to you as the President of one of the important institutions in our legal community. As a liberal college professor friend of mine observed not that long ago, “Chinn, you’ve become the man.” To be clear, he meant that in the 1960s Yippies sense, not in the sense of the modern superlative compliment, “bro, you da man!

Much like the aging, paunchy former athlete that still sees himself as the youngster who chased down so many fly balls that should have been hits, I still see myself as a fighter for the underdog. But I know that moniker rightfully goes to others – like my good friend Jane Henegar, who recently took over the reins of the American Civil Liberties Union of Indiana. She now gets to work with lawyers and staff dedicated to making sure that our institutions don’t transgress the individual liberties of those without comparable power. Among those lawyers is Ken Falk, the legal director of the ACLU of Indiana, and my favorite adversary over the years (Ken racked up the other six votes against me in the Supreme Court, by the way.).

For my part, I don’t feel content to live vicariously through Jane and Ken. There is a role for those of us representing the institutions of power to consider reform from within. And we don’t have to wait for a crisis. We in the major institutions of the legal community should reserve part of our time for reflection on the need and opportunity for beneficial change. In Marion County, the delivery of pro bono legal services and judicial selection are two such matters that warrant review. If you think there are others, please speak up. You don’t even have to wait until returning from your next solitary trip.

Best wishes.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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