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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. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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