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Chinn: Law Day 2012

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iba-chinn-scottEvery year, we celebrate Law Day – the day first proclaimed in 1958 by President Dwight Eisenhower to be set aside to celebrate the rule of law. Following a Congressional resolution passed in 1961, May 1 has been officially designated to celebrate Law Day.

The American Bar Association has been a good steward of Law Day first by proposing it in 1957 and since then providing the nation with themes to consider as we reflect on the ways in which legal process secures freedoms that Americans recognize and share. This year’s Law Day theme unfortunately is stated in the negative: “No Courts, No Justice, No Freedom.” The theme signals the growing crisis of funding decline of court systems across the country and the dramatic consequences to our accepted way of life. ABA President Bill Robinson, a partner at Frost Brown Todd LLC, is a great champion and eloquent spokesperson on this theme and has been carrying the message on behalf of the profession.

These funding issues and their impacts are stark. The stories of hardships on court systems around the country are by now legion. The problems range from one Ohio municipal court system requiring litigants to bring their own paper to the courthouse when filing new cases to the State of New Hampshire’s suspension of all civil jury trials for one year. And dozens of other court systems have experienced all manner of travails in recent years due to decreased funding. The ABA has assembled a comprehensive and sobering online resource list that is highly worth reviewing if even just to note the array of issues from the multitude of locations. (Visit http://www.americanbar.org/groups/public_education/initiatives_awards/law_day_2012.html.)

Closer to home, Indiana appears not to have fared as poorly overall as its sister states in the area of court system resources. Let’s credit the Indiana Supreme Court and our county court systems for keeping the ship of legal state afloat to this point. But that’s not to say there are not problems here too. Indiana courts, like other parts of the public safety and criminal justice systems, are facing budget cuts, employee layoffs, and the need for fee increases to fund even basic court services. And perhaps the biggest threat is yet to come. The property tax revenue losses stemming from the effects of the “circuit breaker” legislation as well as the decline in local income tax proceeds due to the struggling economy of the past few years has put tremendous stress on local budgets throughout the state. The question will become – as it has been posed in so many other states – how will the judiciary and court system fare under these funding stresses?

So, what can we do? My argument is first things first – let’s be aware of these issues so that we are prepared to have meaningful discussions about them as part of the debate about system funding in the Indiana General Assembly, local legislative bodies, and in the profession. Maybe a true crisis won’t hit Indiana, maybe we’ll avert it, but the best chance to do so may lie with a well informed bench and bar. This isn’t someone else’s problem, I suggest, but ours to lead on. Just as we represent our clients, so too can we represent the citizenry in guaranteeing for them the court system they deserve and that our constitutional principles demand.

Let me conclude on a positive note. The 2012 Law Day theme has room in it for inspiration. And the IndyBar’s Paralegal Committee has taken up that cause. Under the leadership of Committee Chair Joanne Alexovich, the Paralegal Committee is conducting a program at the Indianapolis Public Schools’ Shortridge Magnet High School for Law and Public Policy, which is a college preparatory program for students in grades 6-12 focusing on the principles of democracy, justice, respect and service to others. For Law Day, the Committee is showcasing to more than 200 students careers related to the legal field that do not require a law degree in order to present a well rounded perspective of the resources needed within the legal field. The program will include representatives from a variety of careers including paralegals, administrative assistants, bailiffs, legal software specialists, court reporters, information technology specialists, court clerks and probation officers.

Thanks to the Paralegal Committee and thanks in advance to members of the bar for spending a little time reflecting on Law Day and what it means to maintaining a civil society.•

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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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