Editorial: Next choice for Indiana Supreme Court must be a woman

Back to TopE-mailPrintBookmark and Share
Indiana Lawyer Editorial

“I have no doubt what the future looks like. The only question is, when will that future roll around?”

Well, it’s taken 11 years for that future to roll around.

The above words were spoken by Indiana Supreme Court Chief Justice Randall T. Shepard for a news story not long after Justice Robert Rucker was named to the court in 1999. Justice Shepard was expressing his confidence in the fact that the next choice for a justice on the high court here would be a woman.

We mean in no way to disparage the gentlemen who make up our Indiana Supreme Court, but if one looks at the historical makeup of the court strictly from a diversity standpoint, it’s not an attractive picture by the numbers: one woman, two African-Americans, 102 white men.

So if since May 25 you’ve spent more than 30 seconds talking with a woman lawyer who practices in Indiana, you’ve doubtless heard something along these lines: “How can we be one of only two states in the nation without a woman on our Supreme Court?”

That date, of course, is when Justice Ted Boehm announced that he will retire from the court later this year.

We truly hate to see him go, but his departure makes room for some gender diversity on our high court.

It wasn’t always so male.

The only woman and first African-American on the Supreme Court was Myra Selby, who was a justice from 1995 to 1999 before returning to private practice. The vacancy formed when she left was filled with Justice Rucker, who was elevated from the Indiana Court of Appeals.

At that time, women’s groups called for the expansion of the court to allow for more diversity, but to no avail. Indiana’s constitution allows for up to eight justices, but an expansion is an expensive proposition in any economic climate, and our state was in much better financial shape in 1999 than it is now.

Still, we take heart in what Chief Justice Shepard said 11 years ago on the subject of a woman becoming a member of the court: “It does matter that you have people from different walks of life, and both men and women. You get a healthy mix of experiences and ideas when the group isn’t all cut out of the same cloth.”

Amen to that.

In the same aforementioned news story, Indianapolis lawyer and Julian Center Executive Director Ann DeLaney was among those calling for an expansion of the court. She pointed out then that it could be years before any of the justices decided to retire.

She ended up being right, of course, but we also would remind readers of what she said on the subject then:

“Having an all-male court sends the wrong message.”

Amen to that, too.

Our research on the subject led us to story from a couple of years ago when some of our justices were facing a retention vote. Former justice Selby told us then: “… I’m a firm believer that our court is one of the most important aspects of our society, and it ought to reflect that society in order to remain vibrant and be a part of that fabric of what we’re all about. Having broken the barrier (of having a woman on the court) doesn’t mean we should rest. It’s still something that deserves our attention and focus.”

It is our sincere hope that the future Chief Justice Shepard looked to 11 years ago will soon be decidedly more female.•


Sponsored by
Subscribe to Indiana Lawyer
  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.