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Chinn: Why The Indiana Supreme Court Matters

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iba-chinn-scottThe profession and the citizenry have been blessed with a great Supreme Court in Indiana over the past several decades. There are several reasons for that, and several reasons why it matters.

Our Supreme Court Justices are smart and hard-working. All outward appearances demonstrate that our Justices take time to consider their opinions and the effects of their words. Agree or disagree with an outcome, it is a rare case that finds lawyers kvetching about Indiana Supreme Court opinions being poorly written or reasoned. As practitioners we gain stability in that.

Being appointed to the Court is a political process, although less so in Indiana than in other places. Even so, there is no way to “count noses” on the Indiana Supreme Court in a case with political implications as has become the inevitable practice in analyzing cases pending before the U.S. Supreme Court, for example. Our citizenry benefits from that sense that our Court is not highly politicized.

And think about how dignified our Court is. One supreme court in a sister state is making headlines about infighting – both verbally and physically. Ours couldn’t be more different, and we benefit from the esteem the citizenry can hold for our Court. And we lawyers don’t waste gossiping about the drama and worrying about its effects.

The Court’s penchant toward civility extends beyond the confines of the Justices’ conference table to oral advocates as well. Although most lawyers don’t argue cases or watch them being argued before the Indiana Supreme Court, as one who has and does, I can tell you first hand that the Justices treat advocates respectfully and engage in probing but constructive dialogue with advocates as part of an exercise in high-level legal problem solving. Unlike the practices in some other courts outside our borders, there are no mean-spirited, demeaning or ostentatiously rhetorical questions in our Court.

Finally, the Court and its Justices are connected to lawyers and the profession in many significant ways. As just one example, many of the Justices have been active participants in IndyBar meetings of members, committees, events (like Bench-Bar), and other activities. And former Chief Justice Randall T. Shepard’s initiation of the Indiana Conference for Legal Education Opportunity (ICLEO) has helped hundreds of students with diverse backgrounds prepare for law school and life. Similarly, Justice Frank Sullivan’s work to improve the opportunities for minorities in the judicial system has drawn award-winning recognition from the American Bar Association.

I mention former Chief Justice Shepard and Justice Sullivan, because with the former having already left and the recent announcement that the latter is leaving the Court, this is literally a time of change. What I trust and feel confident won’t change is the Court’s orientation toward the citizenry and the bar. We congratulate and wish well IndyBar member and newly appointed Justice Mark Massa, who comes to the Court from the perspective of a practicing lawyer—a quality not resident in an appointment to the Court in some time.

Finally, even as I extol the virtues of the Indiana Supreme Court, let me add one deficiency, which the Court itself cannot remedy. It is the obvious point that there remains no female Justice on the Court. In my view, and in light of the positive qualities I reviewed earlier, the only serious blemish the Court displays is this lack of gender diversity. I realize that raising that matter necessarily provokes a little controversy—probably more about the process than about my assertion that gender diversity on the Court is desirable. But as a thought exercise, and realizing that this is in no way the only issue that the Court could benefit from a female justice’s perspective, imagine that some issue connected to the highly charged national debate about funding for contraception came before the Indiana Supreme Court. Now imagine that, reminiscent of the Congressional committee episode on the same subject several weeks ago, there is no female voice on the Court to ask questions of the advocates and speak to the issues in the Justices’ conference on the case. While that might not in itself undo the Court’s reputation and good works, it would be seem genuinely awkward to enough people that it would undermine at least a little of the positive feeling that most of us otherwise have about the Court. That’s because to so many of us, the Court matters.•

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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