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Hebenstreit: Bench Bar - Let's Get Acquainted

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IBA-hebenstreitHave you ever been asked by a friend or acquaintance to conduct their marriage ceremony? All you have to do is ask a Judge to appoint you pro tem for the day to accommodate that request, but do you know a Judge well enough to ask? How about being able to ask a Judge to speak at a Girl Scout meeting or a school program? Would you know who to call?

As lawyers, we are frequently involved in activities where it is helpful to know a Judge on a more personal basis. Kelly Eskew found herself in that situation recently. Her employer was hosting a young German law student participating in an unpaid internship. Kelly took it upon herself to try to enhance this young lady’s experience. Through her involvement in the IndyBar, Kelly had become acquainted with a local Judge and felt comfortable reaching out to that Judge. Her request was simple. Did the Judge have any trials going on that week that the student could observe. As it turned out, the young lady saw some civil procedural hearings and then spent about a half day in Criminal Court observing a trial that could easily have been a Criminal Minds episode. That case involved a defendant who had confessed to breaking into a female‘s home, killing the lady and then having sex with the corpse. It was a pretty bad fact situation, but it was a fascinating learning experience for the foreign student. All because Kelly was familiar enough with a Judge to help make it happen.

Hopefully, you have seen the promotional material about the Bench Bar conference coming up June 16 to 18 in French Lick. What started about 20 years ago as a noble experiment has morphed into a first class educational event. The education includes not only fantastic CLE offerings, but also a chance for members of the Bench and Bar to get acquainted with each other on a personal basis.

As a younger lawyer, I was somewhat intimidated by Judges—concerned that I would not have anything in common with them or would not know what to talk about. The older I get, the more obvious it is that most humans (including lawyers and Judges) are reserved and frequently ill at ease meeting new people. Attending the Bench Bar is a perfect way to interact with others and get acquainted. I may be preaching to the choir because many of you are regulars each year. If so, please register today and ask your friends to attend. But, if you are a first timer, put your apprehension aside and book your room. You won’t regret it. There is a special reception on Friday evening where first timers are paired with a Bench Bar veteran. It helps break the ice.

What if you think you can’t afford the time away from the office? That may be true if you have more work than you can do, but most of us have to think about marketing. It may seem illogical to go to a conference with a group of attorneys and call it marketing, but my best cases have been referred by another attorney. But you have to know those attorneys before they will refer a case to you (or you to them).

This year Judge Sheila Carlisle’s committee has put together a unique and informative array of CLE events. In addition to being educated by experts in their respective fields, you will have the chance to learn from members of the Indiana Supreme Court including Chief Justice Shepard, and Justices Dickson and David, Greg Zoeller, the Indiana Attorney General, our Marion County Prosecutor, Terry Curry, and the Chief Public Defender, Bob Hill. All we need is you.

We as lawyers are probably frequently guilty of procrastination. Break that habit at least once. Registration is cheaper if completed by May 1. Save yourself some money by signing up now. And by all means reserve your room early. The conference is likely to be a sell out and that also includes the special price the IndyBar has arranged for hotel rooms. Confirm your room so you are guaranteed to be able to stay at the venue. Whether you gamble or not, French Lick is a beautiful facility—particularly at our reduced rate. Don’t delay.

You may never need to be appointed pro tem to marry your best friend, but your time attending this year’s Bench Bar will be not only fun, but a good investment.•

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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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