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Editorial: Don't keep quiet, join a healthy debate

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Indiana Lawyer Editorial

We know you have opinions – thoughtful, reasonable ones that would make for great discourse in the newspaper. But getting you to share them is more difficult than we would like.

Let’s face it: In an age where just about anyone can shell out a few bucks and create a website or a blog and call themselves an author or a pundit, intelligence is becoming difficult to find.

Yet our ears perk up when someone insinuates that “you can’t write that” or “you can’t read that” because someone might get the wrong idea.

We appreciate the concern readers have expressed about a couple of recent columns – one of which appeared in this newspaper – by different lawyers who expressed opinions about what they thought should be the outcome of particular cases pending in Indiana appellate courts.

A reader called to share his concern with this newspaper about the practice in general and the column in particular – his concern that only one side was represented in the column, and that this one side may serve to inappropriately influence the court.

While the reader was clearly upset, the reader was pleasant and cordial while making his point, which is another thing we appreciate about lawyers and judges: most of you can disagree in an agreeable manner, which only helps in bridging differences of opinion.

As a result of that phone conversation, the newspaper has decided to place all the columns that clearly are “opinion” pieces on the Viewpoint pages, where they belong. We hope this move will avoid any confusion or misunderstanding on the part of readers who may not immediately recognize that a column that appears in the news pages is an opinion piece.

An enormous amount of work goes in to what you do on behalf of your clients, and we appreciate the zealous advocacy and the lengths you go to in order to present your clients’ case to the best of your ability. Those are admirable qualities and the kinds of traits we hold in high esteem.

We also hold the work that most of our judges do in equally high esteem. Some cases are clear, while others are more along the lines of what retired United States Supreme Court Justice David Souter recently said in his address at his alma matter, requiring a resolution of “conflict between the good and the good.”

Writing stories about pending cases makes up quite a bit of what we do around here on a daily basis, and we’re not likely to stop that anytime soon. Our news stories on such topics always contain as many sides of the case as we can manage, and we even note when one side has not returned calls seeking comment just so readers will know that we tried to get the missing pieces of the story.

Some call the practice of writing a column with an opinion on the outcome of a pending appellate case a supplemental amicus brief. One such lawyer is Jerry Garau of Garau Germano Hanley & Pennington, who told one of our reporters for a story in this issue of the newspaper “… it’s an improper use of those publications and goes outside the avenues that are appropriate to influence the court.” He has a case pending in the Indiana Supreme Court, and the case was written about last spring in another legal publication. “I realize there are judicial canons, but the bottom line is that judges are human and they receive these publications and read these articles … that plants the seed.”

Others believe such concerns demonstrate a lack of faith in our judges’ ability to weed out what they may and may not consider when deciding a case, and that prohibitions on discussion of pending cases are in opposition to basis freedoms.

“It’s a healthy debate to talk about pending cases, and that’s all protected by the First Amendment,” said Indiana appellate attorney George Patton, who works in the Washington, D.C., office of Bose McKinney & Evans.

So what do you think? We believe this is one of those healthy debates we’d like to hear more about from our readers. Let us hear from you.•

Opinions: Readers may offer opinions concerning Indiana Lawyer stories and other legal issues. Readers may respond immediately by viewing the “submissions” section on our website http://www.theindianalawyer.com. We reserve the right to edit letters for space requirements and to reproduce letters on Indiana Lawyer’s website and online databases. We do not publish anonymous letters. Direct letters to editor Rebecca Collier at rcollier@ibj.com or 41 E. Washington St., Suite 200, Indianapolis, IN 46204.




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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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