Chinn: Checking Our Institutions

Back to TopCommentsE-mailPrintBookmark and Share

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.


Post a comment to this story

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
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.