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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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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