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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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