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Editorial: New justice brings much to appreciate

Editorial Indiana Lawyer
September 29, 2010
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Indiana Lawyer Editorial

Congratulations to Indiana’s 106th justice, the Honorable Steven David of the Boone Circuit Court.

Judge David brings to the bench a broad diversity of experience that will be a tremendous asset to the Indiana Supreme Court, and thereby to us all. The son of a career Air Force man, Judge David recently retired from his own military career, having served in the U.S. Army Judge Advocate General’s Corps. During his military service, he helped reform the treatment of detainees in Iraq and served as chief defense counsel for Guantanamo Bay detainees.

But there’s more to appreciate about soon-to-be Justice David: He has served as special judge by Supreme Court appointment, and hearing officer or special master in attorney and judicial misconduct cases. And as juvenile judge in Boone County, Judge David also has been a vocal advocate for families and on juvenile law. He’s justifiably proud that he’s never been overturned on appeal in a parental-rights termination case.

But to end our discussion of his appointment to the high court here would overlook the elephant in the room: Half of the state of Indiana is still waiting for another justice who looks like them.

Women make up half of the bar, half of the state, half of the nation, half of the world, and yet Indiana remains one of two states in the union without a woman on its court of last resort.

We will repeat here the words we used in our July 7-20 editorial – words from our archives from Supreme Court Justice Randall T. Shepard: “I have no doubt what the future looks like. The only question is, when will that future roll around?” The chief justice pondered that in a news story that ran in our newspaper shortly after Justice Robert Rucker was named to the high court in 1999.

All the women of the state of Indiana, not just the women lawyers and judges, would like to know the answer to that question.

We were intrigued by the observation of Kathy L. Osborn, a partner at Baker & Daniels in Indianapolis, who believes one factor working against women being appointed to the high court is the fact there has never been a woman lawyer on the Indiana Judicial Qualifications Commission and Indiana Judicial Nominating Commission.

The bar in Indiana’s district 2 will vote next month on a vacancy that opens at year’s end, when LewisWagner partner John Trimble’s term ends Dec. 31. Five central Indiana lawyers are in the running.

Osborn and Barnes & Thornburg partner Jan Carroll are two of the five candidates.

Women have served on the commission since it was created in 1970, but all were non-attorneys appointed by the governor. The current female member, Evansville resident Christine Keck, is director of strategy and business development for renewable energy at Energy Systems Group in Newburgh. Her term also expires in December.

“The disappointing fact that Indiana only ever has had one female Supreme Court justice, and currently has none, is an historical one that goes to the cumulative decisions that have been made over nearly two centuries,” Osborn told our reporter for a news story on Page 3 about the commission election.

She isn’t critical of Judge David’s recent appointment to the high court, but she’s eager to lay the groundwork for the appointment of women to our high court.

“I am interested in serving on the Judicial Nominating Commission in part because I believe the fact that there has never been a female attorney on that commission could be one factor of many that has impacted historical nominating and appointment decisions.”

Perhaps Osborne is onto something.

Regardless, the women of Indiana are still waiting for the future to roll around.•
 

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. 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

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