IBA: Interrogatories - Candid Q&A with the Bench and Bar

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Elaine Brown Brown

She is a graduate of Indiana University and the Indiana University Maurer School of Law. She practiced at Thom & DeMotte before taking the trial bench in Dubois County. She was appointed to the Indiana Court of Appeals in 2008. She is Judge Elaine Brown, and she has been served with interrogatories.

Q: You began your career as an art teacher at a K-12 school. Which group is more challenging to work with: lawyers or K-12 students?

A: I had not thought of potential parallels between the two before, but there may be some. I found the elementary students sweet, innocent, and honest in their artistic endeavors. I find the law students in my Trial Advocacy class at IU Maurer School of Law bright, mostly innocent, and refreshingly honest about their shortcomings. The same is true of the young lawyers I’ve met through volunteering with the NITA Trial Advocacy course. In junior high art classes I encountered some feisty eighth grade boys; certainly the same could be said of many lawyers in practice a number of years, although not necessarily with a negative implication. The more troubling discipline issues I experienced involved a few high school girls who were mean, manipulative, and deceptive. Seems there are a couple of lawyers out there for whom this same shoe fits. But for the most part, I really liked my students and I really like lawyers.

Q: Speaking of art, what are your feelings on including (relevant) diagrams and pictures in appellate briefs?

A: I think that any demonstrative figure that helps to make a point clearer or more vivid should be used. I’ve seen Justice Breyer use a diagram in one of his concurring opinions, Judge Posner uses them in his opinions, and they have been used to illustrate points in a few of our appellate opinions. As long as they are accurate depictions, I find them helpful.

Q: You’re a Prius driver. In an episode of “Curb Your Enthusiasm,” Larry David, a Prius driver, waves to another Prius driver and becomes upset when the other driver refuses to wave back. Do you wave to other Prius drivers?

A: Only if I know the driver. While I’m all for sustainability and promoting green initiatives, and I am in fact on my second Prius, as ubiquitous as it has become, if I did wave to all Prius drivers it would be a near-constant motion.

Q: If you had to have lunch with one member of the United States Supreme Court, who would it be and why?

A: Chief Justice John Roberts, because of his Indiana ties, his considerate manner, and his conservative judicial philosophy. Actually, my first preference would be to dine with former Supreme Court Justice Sandra Day O’Connor. I had the privilege of meeting her at an Appellate Judges Education Institute conference in Scottsdale several years ago and found her approachable, charming, and kind. I appreciate the ground she broke for other women on the Supreme Court and the work she did as an Arizona appellate jurist as well as her online education project, “iCivics,” which was designed to inspire students to actively participate in U.S. democracy.

Q: You spent four years as the junior member of the Indiana Court of Appeals. Were you anxious to pass that title to Judge Pyle?

A: Yes and no. While I prefer to blend in with the rest of the Court and have the “newbie” spotlight on someone else, I appreciated the youthful connotation of being the most recent appointee.

Q: What professor at the IU Maurer School of Law had the biggest impact on you?

A: I really liked Bill Oliver for tax classes and Alex Tanford for Evidence. Both were clearly experts in their fields, and Tanford, in particular, made the subject matter easy to grasp, although it seems one can never be schooled enough in the rules of evidence. I also appreciated Ron Waicukauski’s friendliness and the relaxed atmosphere of his class. He was brilliant but decidedly not arrogant.

Q: You have spent most of your career in southern Indiana. Since your appointment to the Indiana Court of Appeals, what has been your favorite thing about Indianapolis?

A: I have to mention first my position and the people I work with. I have great friendships with some of the judges, and my staff of clerks are incredibly smart lawyers who are also genuinely good people. My administrative assistant is the sweetest, brightest woman I could imagine for the job. Aside from that, I really like downtown Indy. It’s clean, attractive, vibrant, and fun with a multitude of good restaurants and entertainment venues. I also enjoy the Canal area, the Art Museum, and, of course, the Colts.

Q: You decide cases on a broad range of topics. What have been some of the most interesting subjects?

A: Cases that have arisen as a result of changing technologies involving the First Amendment, the media, jurisdictional questions, and discovery issues. I’m also intrigued by cases involving the propriety of summary judgments and the somewhat subjective determination of whether there exist questions of material fact or purely questions of law or mixed questions of law and fact. Confrontation clause issues are also engaging to me.

Q: What is on your iPod?

A: An eclectic mix: Norah Jones, Taylor Swift, Rod Stewart, Lady Gaga, LeeAnn Rimes, Kenny G, Journey, Eric Clapton, Lady Antebellum, Faith Hill, Christina Aguilera, Kenny Chesney, Toby Keith, Jack Jones, Michael Buble, and Tony Bennett, to name a few.•


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.