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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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