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Editorial: Ted Boehm not headed toward retirement

Editorial Indiana Lawyer
October 27, 2010
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Indiana Lawyer Editorial

This was one retirement ceremony we were not looking forward to attending, fearing that the gentleman stepping away from the bench would slip away from public life and live quietly with his family, indulging his interests outside the law, while working as a mediator at Van Winkle Baten Rimstidt and senior judging for the Indiana Court of Appeals.

Family time and sports also may be on the agenda, but we were thrilled when former justice Ted Boehm said during his retirement ceremony at the end of last month: “I do not intend to vanish from the public arena” and then proceeded to explain just exactly what he wanted to give a little of his newfound time and attention to.

“Too often preservation of individual privilege or defense of party power is elevated over the greater public good in the actions and sometimes even in the stated positions of officials or office seekers. We can no longer afford tolerating remnants of the spoils system as the necessary cost of our government,” he said.

We couldn’t agree more.

He listed some of the problems we face in our current economic state: public safety, education, infrastructure, public transportation, libraries and parks. “Yet we are unable to implement programs that can provide better service at less cost. Many others have noted the often contentious mode of debate on issues of critical importance to our city, state and nation. This is more than distasteful. It is costing us money and degrading the quality of services we can and should expect from government at all levels and in all three branches.”

That was music to our ears.

Then he mentioned the analysis of county and township government, which sometimes seems to have been etched into granite instead of mere concrete, and the findings of the 2007 Kernan-Shepard report. He pointed out the deplorable inefficiencies of our local governments, and then got to the whopper as far as we were concerned.

“A second example comes from the judicial branch, where in some parts of the state we have systems of judicial selection that work well, but in Marion County, for example, we have a scheme that purports to place the selection in the hands of the voters, but in practical effect leaves it under the control of a few party officials. There are several pernicious results, not the least of which is the judges become a vehicle for raising funds for political parties. Despite widespread derision, even ridicule of this system, few in government have the will to challenge it.”

We suspect we just celebrated the retirement of someone who has the will to not only challenge it, but to change it. He may need a hammer or a wrench to do it, but if anyone can bring about this kind of change, we’re certain he can.

Indianapolis is a success as an amateur sports hub owing at least in part to Boehm’s efforts as the first president and chief executive officer of the Indiana Sports Corporation. His list of accomplishments is extensive and impressive; he is not someone to trifle with.

We suspect that when he decides it’s time to start dismantling the system by which we “elect” judges in Marion County, that his honor will not need a hammer or a wrench, but should he decide he needs such implements, we’d be happy to hand them to him.•

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. 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

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