ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share
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.




ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT