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Former Indiana Supreme Court chief justice dies

Jennifer Nelson
July 22, 2009
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A Former Indiana Supreme Court Chief Justice who was known for his colloquialisms and quick wit died Tuesday morning at his home.

Justice Richard Givan, 88, was remembered by former colleagues for his quick wit, storytelling ability, and mentoring. Many also referred to his "Givanisms," sayings such as, "You pile on too many apples, you can't shove the cart."

Chief Justice Randall T. Shepard, who served with the former justice from 1985 to 1994 and described him as an energetic judge and friend, said Justice Givan would often say, "When the automobile was invented my father's buggy worked just fine, but he bought a car anyway."

Justice Brent Dickson, who joined the Supreme Court in 1986, remembered one of his favoring sayings: "This is like a one-car traffic jam." The "Givanisms" were so popular that those who went to his retirement dinner in January 1995 found Justice Givan's favorite sayings printed out for them to take home.

At his retirement ceremony, he joked about being replaced by former Justice Myra Selby, the first woman to serve on the Indiana Supreme Court.

"I have a lot of faith in women. After all, I live in a sorority house," he said, referring to his wife and four daughters. In fact, he would tell his wife and daughters that he had to come to the office to make decisions once in a while.

The Indianapolis native was elected to the Supreme Court in 1968 and served until his retirement in December 1994; he was the chief justice from November 1974 to March 1987. He authored more than 1,500 majority opinions, dissented in more than 400 cases, and heard nearly 6,000 cases while on the bench.

Justice Dickson described Justice Givan as a model for dealing with the apparent conflict between personal beliefs and judicial duties. As a Quaker, Justice Givan advocated for the repeal of the death penalty statute in Indiana while he was in the legislature, but once he became a judge, he authored many opinions affirming death sentences by trial courts.

"He explained that his obligation under his oath of judicial office to uphold the laws of the State of Indiana prevailed over his personal, moral, and religious beliefs," Justice Dickson said in a statement. "After he retired from the court, Dick Givan resumed his opposition to the death penalty and even testified against it before a legislative committee."

The former chief justice was also a great storyteller, and often a brief or an opinion would remind him of a story with a lesson about how to deal with a client or how to handle a difficult courtroom situation, said Lafayette attorney Jerome L. Withered, who served as a law clerk to Justice Givan in the 1970s. He said the former justice never had trouble making decisions, despite his jokes with his family. The justice compared his role as judge to that of an umpire: Call the balls and strikes as you see them no matter who the players or teams are.

"It was not easy to predict his rulings," he said.

Justice Givan served as a pilot in the U.S. Army Air Corps during World War II and later was a flight instructor with the Air Corps Reservists. He received his LL.B. from Indiana University in 1951, where he worked as assistant librarian and research assistant to the Indiana Supreme Court. He was admitted to the bar in 1952 and was a fourth-generation lawyer.

Before joining the high court, Justice Givan served as an assistant attorney general, a Marion County deputy prosecutor, worked in private practice, and was a state representative in the 1967 session.

He is survived by his brother William C. Givan; daughters Madalyn Hesson, Sandy Chenoweth, Patty Smith, and Libby Whipple; 14 grandchildren; and 15 great-grandchildren.

The calling will be from 4 to 8 p.m. July 27 at Hall-Baker Funeral Home, 339 E. Main St., Plainfield. The funeral will be at 11 a.m. July 28 at the Fairfield Friends Church, 7040 S. County Road 1050 East, Camby.

Memorial contributions may be sent to Fairfield Friends Meeting General or Building Fund, or to the Hendricks County Community Foundation, 5055 E. Main St., Suite A., Avon, IN 46123, where the Givan Legacy Fund has been established to fund grants for projects that give back to the community.

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  1. 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)

  2. "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.

  3. 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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