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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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