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Indiana chief justice delivers final address

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Standing in the same spot that he has annually for the past 25 years, Indiana Chief Justice Randall T. Shepard delivered his State of the Judiciary Jan. 11.

In many ways, the speech was the same as always, with his assessment of the judiciary’s accomplishments and challenges in the past year. But this year was more significant for the Hoosier legal community.

shepard Indiana House Speaker Brian Bosma, R-Indianapolis, right, congratulates Indiana Chief Justice Randall T. Shepard before Shepard delivers his final State of the Judiciary on Jan. 11. (IBJ Photo/ Perry Reichanadter)

This was the final address that Shepard would give as chief justice before his retirement in March. Judges and attorneys throughout Indiana paid closer attention this time, wondering what Shepard – the only chief justice a generation of lawyers has known – might say in his last State of the Judiciary.

The night before, Gov. Mitch Daniels gave his eighth and final State of the State address and thanked Shepard for what he described as “a quarter century of fairness, firmness and farsightedness.”

Giving a 27-minute speech that he titled “On the Way to Something Better,” the chief justice focused on the process of building a more unified and purposeful court system. He rattled off achievements that the court and legal community have experienced, and the list reflected not only the past 12 months, but many of the changes during Shepard’s tenure.

“The yesterday of Indiana’s courts lasted largely unchanged over decades. As in many other states, our courts were a collection of silos that rarely connected,” he said. “That began to change about a generation ago, and over time Indiana’s courts have become less like a collection of Lone Rangers and more like a group of colleagues with a common purpose.”

Shepard praised court reform efforts to unify state court jurisdictions and allow for more collaboration. He detailed court technology improvements that include a statewide case management system that in part gives women’s shelters direct access to the Protective Order Registry. Last year, 9,300 email or text messages about protective orders went out to domestic violence victims, and that’s just one of the many improvements Indiana’s embraced that he says is “literally saving lives.”

The chief justice cited family law and criminal justice examples to show how the state judiciary is better equipped to resolve disputes today than before. He said Indiana has more volunteer Court Appointed Special Advocates than ever, with the largest group of 1,010 volunteers being trained in 2011.

Shepard talked about court reform efforts and judicial opinions that have helped bolster Indiana’s national reputation. He said the Indiana Rules of Evidence and consistent caselaw have provided guidance for trial courts and lawyers, and that’s helped hold down litigation costs and improve access to the legal system overall. The chief justice also discussed Indiana State Bar Association efforts to create the first statewide lawyer-leadership academy with the help of Justice Steven David and said that through the Indiana Conference for Legal Education Opportunity, the state has doubled its number of minority attorneys. Shepard said the lawmakers and judges he’s worked with over time have been gracious, and that allows him to now “leave the stage with full confidence that we will succeed in building Indiana as a safe and prosperous and decent place.”

The chief justice’s address was emotional at times, as he mentioned his friendship with the governor and lieutenant governor and being able to lead a committee with former Gov. Joe Kernan that issued the Kernan-Shepard report on local government reform in 2007.

“Could there be a better cause, a more worthwhile way to ‘spend and be spent’ in life than working toward greater justice?” he said.

After a minute-long standing ovation, those who heard the speech praised Shepard.

Sen. Lindel Hume, D-Princeton, a 38-year legislator who has observed every State of the Judiciary going back to before Shepard’s time, said this chief justice changed his view on attending the annual speech.

“I used to just really hate coming to this, but once he became chief justice, it started being a real pleasure because it was certainly a different approach,” Hume said after the speech.

“That was probably good, because there is no question in my mind that he is the best chief justice the state of Indiana has ever had, and he is probably the best chief justice in the nation,” he said with a laugh.

Lawyer-legislator Rep. Ralph Foley, R-Martinsville, was emotional as he watched the address, noting that as a lawmaker or as a practicing civil attorney in Morgan County, he’s seen all of Shepard’s speeches. Both are nearing the ends of their terms and retiring this year from their public service posts. Shepard thanked Foley in the speech for his legislative work through the years.

“I have a lot of admiration and appreciation for the accessibility he’s offered through the years,” Foley said. “His dedication to improving the judiciary, the bar and all the areas he mentioned has been marvelous and I’ve really enjoyed seeing that evolve.”

Allen Circuit Judge Tom Felts described it as a special day being able to attend and receive a mention from the chief justice about his work launching a family mediation effort for divorces involving children, which is now being used in 33 counties. The trial judge has attended 14 prior speeches, but Felts said he told one of his judicial colleagues as Shepard entered the room what an honor it was to be at this historic, final address. Felts saw the mark of a true leader in Shepard, as he didn’t take direct credit for the judiciary’s accomplishments but highlighted the work of his colleagues – though Felts argues many were inspired and motivated by the chief justice.

“He’s a class act and will be very difficult to replace, and though he’ll be sorely missed, I’m happy he is able to go out on his own terms at a time of his own choosing,” Felts said. “Specifically, with his head held high in the satisfaction of a job well done.”•
 

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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.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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