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Former ISBA president Rabb Emison dies

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Even after longtime attorney Ewing Rabb Emison Jr. had finished his service as a pivotal president of the Indiana State Bar Association more than two decades ago, his legacy has inspired generations of attorneys and will continue to do so in the future.
 

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That is the clear message from Indiana’s legal community, which is reflecting on the retired Vincennes attorney’s life and legal career following his death Sept, 1. Emison was 85.

Lawyers throughout the state are honoring the memory of a man they say often talked about how lawyers ought to hold themselves out to the public and strive to be ethical, not only for the profession and themselves but also for the community and state.

“He was an ambassador – an ambassador of good will, an ambassador for the bar and for lawyers in Indiana,” said Carmel attorney and mediator Samuel Chic Born II, a friend of Emison’s since the early ’70s. “I am proud to have been his friend, and I am better for his friendship.”

The last descendant in Knox County of a pioneer family that arrived in 1804, Emison followed in his ancestors’ footsteps in the legal profession and legislative arena. His father and grandfather had become lawyers without attending law school, and his ancestor Thomas Emison was on the original committee that had selected Indianapolis as the site for the state capitol.

Rabb Emison’s obituary noted that he was most proud that in the past century, the three generations of his family had prepared and lobbied for legislation in the areas of flood control, conservation, aviation, and historic preservation.

He joined the U.S. Navy in 1942 and served on active duty during World War II for three years. He was called back to active duty with the Navy for 18 months during the Korean War, and was notified in 1962 to expect another recall, which didn’t occur. Emison graduated from DePauw University before attending and graduating in 1950 from what’s now Indiana University Maurer School of Law – Bloomington.

But in the legal profession, he spent his entire career with the same firm – now Emison Doolittle Kolb & Roellgen in Vincennes – that he joined to practice with his father upon graduating from law school.

Serving as ISBA president from 1986 to 1987, Emison is most widely known for his work on expanding diversity for the organization and legal community. His efforts led to the creation of what is now the Racial Diversity in the Legal Profession committee to promote the employment and advancement of minority lawyers. The association created the Rabb Emison Award in his honor and gives it each year to an attorney who best serves the goal of assisting minority lawyers. In 2003 he received the American Bar Association’s Spirit of Excellence Award for his contributions.

“He was one of those unsung heroes for minority lawyers and getting more participation for the ISBA,” said Bingham McHale partner Rod Morgan, the ISBA’s first African-American president who finishes his term next month. “He was a mentor, fine lawyer, and a friend. He was on the cutting edge of things as far as diversity, and Rabb was always there as a champion.”

Evansville attorney Wesley Bowers interviewed Emison for the ISBA oral history project, which has been compiled into a transcript made available to the public through the association and Indiana Historical Society. Bowers interviewed Emison about his three stints in the Navy, as well as his family’s history in the legal profession.

Emison was well-known for the more than 50 columns he’d written for the association’s publication “Res Gestae” during and after his time as ISBA president. In his interview with Bowers, Emison said his columns were not so much about the law but about the behavior of attorneys who practice it. The columns were recently compiled into a book that he self-published and that the ISBA is helping to distribute.

Past ISBA president Bill Jonas in South Bend said, “Rabb Emison was a terrific lawyer, a gifted writer, and a dynamic leader. His efforts with the ISBA, especially in the advocacy of greater diversity, were truly remarkable. He embodied all the best of what it means to be an Indiana lawyer. On top of this, he was as fine a man as I have ever known. You could always count on Rabb for a wonderful story … usually one that illustrated in his uniquely Hoosier way the point he was making with you as he gently persuaded you to do what was right.”

Born, also a past ISBA president, described his friend as both a gentle and thinking soul, made clear by not only his legal writing but also how he always gave someone the benefit of the doubt. Born said that even though Emison received recognition for his diversity and civil rights efforts, that’s not why he did it; rather it was because of a belief that he could, and did, improve the human condition.

Retired Lafayette lawyer Russ Hart, who served as ISBA president the year following Emison, said his longtime friend’s “Res Gestae” writings ought to be required reading for all new lawyers as well as for longtime practitioners.

“Rabb was a teacher all the time, and he was teaching lawyers every time he spoke,” Hart said. “His word was his bond, and he wrote a lot like he spoke … as a plain person who was very good at expressing himself. If Rabb was in favor of a particular subject, you knew it was a good thing to be aware of yourself.”

“Rabb was a modest guy who didn’t strive for publicity,” Hart said.

Emison is survived by his wife of 57 years, Kathleen, and his daughters Susan Emison of Louisville and Anne Emison Wishard (Gordon) of Indianapolis.

Funeral services were in Vincennes, and Emison’s family asked that memorial contributions be made to the Grouseland Foundation, 3 W. Scott St., Vincennes, IN 47591 or online at grouselandfoundation.org for an endowment to sustain the mansion.•

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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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