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Dickson says consensus among justices on next chief unlikely

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Before Brent Dickson was selected chief justice of the Indiana Supreme Court more than two years ago, his fellow justices came one by one before the Judicial Nominating Commission and said he was the man for the job.

As he prepares to step down as chief in coming months, Dickson said he doubts that will happen this time around when the commission chooses his successor.

“My guess is it’s not likely the other justices among themselves would agree who should be the leader,” Dickson said.

Dickson, who chairs the commission that will select his successor, said he doesn’t like to characterize the process as a competition, and any of the justices is capable of leading the court.

“I don’t see it so much as a contest as what I’ve seen so far is my colleagues are willing to serve but not aggressively seeking to win,” he said.

“They are approaching this as an opportunity for service, not something that’s colored with personal aggrandizement.”

Dickson announced in June he will step down as chief justice sometime before Sept. 1, and the commission is scheduled to meet Aug. 6 for public interviews with Justices Steven David, Mark Massa, Robert Rucker and Loretta Rush.

Dickson succeeded Randall Shepard, who presided over the court for the longest period in state history. Dickson, who’s served since 1986, was seen as providing continuity to a court that has added three justices – David, Massa and Rush – in less than four years.

Stepping down as chief but remaining on the court, Dickson said, will allow him to concentrate on writing opinions in his remaining time before he hits the mandatory retirement age of 75 in July 2016.

He said during his tenure, the chief justice’s work has been shared among all the justices.

“I’m frankly blessed to have great people to work with,” he said, noting the justices appointed in recent years “really jumped in the deep end since they came on the court.

“Each has had important responsibilities, and as a group we’ve discussed most of the major decisions that fall to the chief justice,” Dickson said. “It’s not going to come as a surprise or a complete new thing to any one of them.”

Indiana Lawyer readers have their own ideas of who they think will be the next chief justice. In a recent online poll on this topic, David emerged as the frontrunner – grabbing 40 percent of the votes. Rush came in second with 27 percent of the votes followed by Massa’s 22 percent. Rucker, who will be at the mandatory retirement age when his current term ends, received 10 percent of the votes.
 
 

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  1. 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

  2. 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

  3. 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

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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