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

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 think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.