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

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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.•

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  1. 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.

  2. 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.

  3. 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.

  4. 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

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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