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Former clerks recall a judge who gave support and kindness

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The Hon. Robert H. Staton achieved many professional milestones in his lengthy career. But after his death on July 18, what people seemed to remember most about him was his enduring positive influence in their lives.

Judge Staton served on the Indiana Court of Appeals for nearly 30 years before retiring in 2000. In that time, he helped shape the careers of the many men and women who clerked for him. Judy Vale Newton was one of those people.
 

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“Judge Staton hired his clerks with an eye toward establishing a companionable work environment ... and, indeed, it was,” Newton wrote in an email to Indiana Lawyer. “We law clerks became good friends. Often the judge would call all of us into his office just to talk. Kids, travel, problems, our futures ... he was interested in it all.”

Newton, of the Indianapolis firm Newton Becker Bouwkamp Pendoski, clerked for Judge Staton from 1979 to 1981. She said the judge was “truly a man before his time” in regard to his understanding of family obligations. Judge Staton told her that as long as she kept her production up, during the summer she could work from home several days a week in order to spend time with her two young children.


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Linda Hammel, of the Indianapolis firm Yarling & Robinson, clerked for Judge Staton from 1972 to 1976.

“At the time I was his law clerk, I was the only female law clerk on the Court of Appeals,” she said, adding that she met her future husband while clerking.

“Judge Staton married us. We were his first wedding – he was so nervous,” she recalled. “We stayed close over the years, because he was such a big part of starting my career and my family.”

Giving back

In 2005, a group of Judge Staton’s former clerks launched a fundraising campaign with the goal of naming the moot court competition at the Indiana University School of Law – Indianapolis, Judge Staton’s alma mater, in his honor. Leading this effort was attorney Tom Hall of the South Bend Firm Tuesley Hall Konopa, also one of Judge Staton’s former clerks.

“He was a mentor to all of us clerks – he respected us, respected our abilities, and made us better people,” Hall said. “He just did so much for our profession that I felt it very important to recognize him while he was still here.”

Hall, with the help of Hammel and former clerks John Ittenbach and Kevin Knight, reached out to other past clerks, appeals court judges, and friends of Judge Staton, and created an endowed account to allow The Honorable Robert H. Staton Intramural Court Competition to continue in perpetuity.


hall-tom-mug Hall

IU School of Law – Indianapolis Dean Gary Roberts said that in 2007, Judge Staton established a fund to support the Honorable Robert H. Staton Best Brief Scholarship, awarded to a student in the legal analysis, research, and communication class who has written the best brief.

“We were deeply saddened to learn of Judge Staton’s passing,” Roberts said. “He was a great friend of the law school, having served on our alumni board for many years. Not only was he a past president of the board and a past recipient of our Distinguished Alumni Award, he cared deeply about our students.”

Breaking ground

Judge Staton wrote, “The History of Mandatory Continuing Legal Education in Indiana,” featured in the Valparaiso University Law Review in 2006. In that article, he wrote that Indiana State Bar Association president Thomas Scanlon “chose a young, inexperienced lawyer” (Staton) to lead a team in creating a glossy new publication for the ISBA. Under Staton’s leadership, the team published the first edition of Res Gestae in November of 1956, with Staton becoming its first editor.

Judge Staton was also chairman of a task force in 1984 that researched mandatory continuing legal education in 17 other states. The group put together a recommendation that Indiana adopt mandatory CLE requirements, presenting its research for the 1985 spring meeting of the ISBA. The House of Delegates approved the rule as submitted by the task force. Later, the Indiana Supreme Court adopted Rule 29, which calls for mandatory CLE, and the rule became effective on Oct. 1, 1986. Judge Staton became the first chairman of the Indiana Commission for Continuing Legal Education, making Indiana the 18th state to adopt such requirements.

Judge Staton was president of the law school’s alumni association and served on its board of directors from 2004 to 2007. He served on the executive council for IU, representing the law school.

The judge was a prolific writer – he wrote more than 3,000 majority opinions during his time on the appeals court, and he was known for his historical accounts of Indiana’s legal system.

“He was a student of the history of the law, so often you would find in the footnotes in his opinions an explanation of how the law came about … even back to Roman times,” Hammel said.

He also received the title of “life honorary editor” of the Indiana Law Review.

Early career

Judge Staton served in World War II with the 91st Infantry Division of the 5th Army and was attached to the 801 Special Combat Force, which specialized in reconnaissance work behind enemy lines. He achieved the rank of major and was awarded numerous medals, including a Silver Star, two Bronze Stars, and the Distinguished Flying Cross.

After earning his law degree in 1955, he became a deputy prosecuting attorney in Marion County, eventually becoming chief trial deputy prosecutor. He then entered private practice, founding the firm of Staton & Ward.

John Ittenbach became the judge’s first clerk after Judge Staton was elected to the Indiana Court of Appeals in 1970, the last appellate court election before merit-selection began in 1971.

“Being able to finish the last two years of law school while clerking for him was probably the best thing that ever happened to me,” Ittenbach said. In addition to learning about writing persuasively and analytical thinking, Ittenbach, of the firm Ittenbach Johnson Trettin & Koeller, said he learned about the importance of character in the legal profession.

“In my opinion he was a gentleman lawyer – he never said anything disparaging about anybody else,” Ittenbach said. “I consider him a mentor and a model for how lawyers should be. I’ve been practicing law for 37 years now, and I would still go to him for advice occasionally.”

The judge taught his clerks not only how to practice law, Ittebach said, but how to appreciate it.

Judge Staton, who was 86, was preceded in death by his wife, Jane Ellen (Cox) Staton. He is survived by his two daughters who are also attorneys, Jennifer Staton Stoesz (Steven), of Carmel; and Elizabeth Staton Idleman (Scott), of Milwaukee. He has four grandchildren.

Memorial contributions may be made to The Honorable Robert H. Staton Intramural Moot Court Competition at IU School of Law – Indianapolis c/o IU Foundation Showalter House, P.O. Box 500, Bloomington, Ind., 47402; or Carmel Clay Public Library Foundation, 55 4th Ave. S.E., Carmel, Ind., 46032. Funeral services were July 25 at Second Presbyterian Church in Indianapolis.•
 

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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