ILNews

COA Judge John T. Sharpnack retires

Michael W. Hoskins
January 1, 2008
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After 17 years on the appellate bench, Judge John T. Sharpnack is retiring today from the Indiana Court of Appeals.

Though he's stepping down as a full-time jurist, Judge Sharpnack plans to continue his work as a senior judge starting Monday; he reaches the constitutionally mandated retirement age of 75 May 7.

A 3 p.m. retirement ceremony was planned to mark his departure from the court, with Chief Judge John Baker presiding. Judge Sharpnack's family, colleagues, former law clerks, and special guests were expected to attend. A webcast of the ceremony can be viewed online.

During his tenure, Judge Sharpnack authored a total 2,124 opinions, handing down four published opinions in the past week and circulating another 10 for votes that will be handed down after he becomes a senior judge, according to a court spokeswoman. He's also been on panels of other decisions issued this week, including today's ruling on Bonner v. Daniels that involved the judiciary's review of public school financing.

A Columbus, Ind., native, Judge Sharpnack has been an attorney for more than four decades after graduating from the University of Cincinnati's College of Law in 1960. He's worked as an attorney with the U.S. Department of Justice's Antitrust Division in Washington, D.C., and also was a partner at his hometown firm his grandfather founded, Sharpnack Bigley David & Rumple.

He was appointed to the appellate court's fifth district in January 1991 by then-Gov. Evan Bayh and has been retained twice since then. His judicial colleagues recalled one of his most recognized accomplishments on the bench was the nine years he'd served as chief judge between Sept. 9, 1992, and Dec. 31, 2001. During that time, some of his accomplishments include the court's creation of a motions panel to rule on motions made prior to a case being fully briefed, initiating a rotating panel system for deciding cases, and starting the court's senior judge program - of which he'll now be taking advantage.

With his departure, Judge Elaine B. Brown from Dubois Superior Court will succeed Judge Sharpnack on the appellate bench. The governor chose her for the spot in February from finalists selected earlier in the year by the Judicial Nominating Commission; 15 had originally applied.

This marks the second time in a year the appellate court has welcomed a new judge; last August, Judge Cale Bradford from Marion Superior Court succeeded Judge Patrick D. Sullivan, who reached the mandatory retirement age and has taken senior judge status.
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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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