1982 case shows election issue

February 19, 2009
Back to TopCommentsE-mailPrintBookmark and Share
As lawyers, you understand the legal nuances and issues in cases that appear before our appellate courts. The general public often does not. They don’t understand why convictions are overturned or cases are remanded for retrial.

Now imagine the power the general public could have in determining our Supreme Court’s makeup if House Joint Resolution 9 survives, whether in its current form or rolled into another bill. You don’t think there could be something that would rile up people enough that they would protest a judge’s election? Let’s flashback to 1984, thanks to an article from The New York Times.

When then-Chief Justice Richard M. Givan was up for retention in 1984, a group of activists in support of rights for handicapped people called for voters to not retain him. The reason: the high court refused to intervene in a Monroe County case (ruled on then by current Indiana Court of Appeals Chief Judge John Baker) in which the court ruled the parents of a deformed baby with Down’s Syndrome had the right to follow doctors’ advice and withhold medical treatment.

The man organizing the group “Remember Baby Doe – Retire Judge Givan Committee” admitted he hadn’t read any of the chief justice’s opinions and wasn’t familiar with his legal work. Instead of understanding that the Supreme Court wasn’t asked to rule on the merits of the case, only on the question of whether a lower court judge had jurisdiction on the matter, the activists were blinded by their beliefs and lack of comprehension of the legal issues before the high court.

The chief justice is quoted in the article as saying he was thinking of forming his own committee to counter the negative campaign against him.

This is a prime example of why we’re unnerved at the prospect of our Supreme Court being elected instead of chosen based on merit and then given the opportunity to be retained. We need justices on the court who understand the law and rule to the best of their abilities, not people who are elected because they have the biggest election coffers or most support from an activist group.

It’s true with our current retention system that if an activist group is angry enough with a justice, they may be able to garner enough support to oust one with whom they didn’t agree, but that has yet to happen. Honestly, most people couldn’t even name one of our justices, let alone be familiar with their legal rulings.

If you remember this controversy surrounding Justice Given and the Baby Doe case, or any other controversial cases that led to groups trying to fight the retention of Indiana’s Supreme Court justices, feel free to comment here or e-mail reporter Mike Hoskins at mhoskins@ibj.com. We’d like to explore this topic in a future issue of Indiana Lawyer.
ADVERTISEMENT
  • I have less problems with electing our Supreme Court than most. Yes, we have seen problems in other states where justices face the kind of the problems faced by Givan in a retention vote. However, no retention vote has come close to unseating a Supreme Court justice.

    We had elected appellate court justices and judges for over 100 years. We had a fairly regular turnover of personnel. How much of this was due to poor pay and how much was due to voting is something I was never able to discover.

    If you go back to the 1851 constitutional convention debates, the same arguments against electing appellate judges were made then. What was never made then or now is this: electing judges ought to change the dynamic of judicial review as they will no less a popular branch of government as the legislative.

    What we should complain about are two things: 1) the necessity of doing this now, and 2) that any election be non-partisan.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT