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Indiana chief justice's retirement 'a natural thing'

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Indiana Chief Justice Randall T. Shepard – the longest-serving state court chief justice in the nation – is retiring from the bench in March after nearly 27 years on the appellate bench and a quarter century in that top administrative position.

The chief justice announced Wednesday that he will leave the bench March 4, 2012.

Turning 65 on Christmas Eve, he said there was nothing specific that required him to retire at this time. His term as chief justice is set to expire in March, and the Judicial Nominating Commission is expected to begin discussing in the next month who should fill that administrative role. After joining the bench in September 1985, Shepard became chief justice in March 1987 and has been reappointed four times. He was last retained as a justice in 2008 and his term would have run through 2018.

Pointing to the court’s calendar and timing of the chief justice appointment as factors, Shepard said nothing specific pushed him to step down now but it’s something he’s weighed in years past with his family and this felt like the best time to leave.

“This is a natural thing … well, mostly natural when it’s secondary to serving out the full term,” he said. “As a family we’ve faced the question, ‘Is this something we still want to be committed to?' The answer has been yes, but we decided this year it’s time to let someone else take the lead.”

He hasn’t made any plans on what his future holds, but said there’s “a lot I’m interested in doing.” Those plans will likely come once he leaves the bench, he said. Until that time, Shepard will continue in the chief justice role and, among other things, will give his final State of the Judiciary address in January.

“This has been a wonderful place to spend a life, and I’ve made so many friends here,” he said.

Many court employees learned of the news earlier this week and at the Indiana Statehouse on Wednesday morning after the announcement, many were emotional. State leaders including Gov. Mitch Daniels and Lt. Gov. Becky Skillman offered their thoughts about the chief’s retirement, as well as Indiana Attorney General Greg Zoeller.

"I was privileged to have been present at the investiture of Chief Justice Shepard in 1985 and he has fulfilled his pledge to transform the Indiana Supreme Court into one that is nationally respected and whose legal insight and analysis serves to lead the development of the law,” Zoeller said in a statement. “His tenure will be highly rated in the history of our state.”

Authoring more than 900 opinions during his time on the court and 68 law review articles, Shepard has ushered in monumental changes in the state’s judiciary during the past quarter century. He’s directed changes that have strengthened capital case standards, made the Supreme Court a “cert court” where it has discretion over most appeals and opened up the appellate courts’ doors to cameras and online live broadcasts during oral arguments. Shepard also co-created the Indiana Conference for Legal Education Opportunity in 1997, and most recently in 2007, he co-chaired the Indiana Commission on Local Government Reform with former Gov. Joe Kernan that led to the “Kernan-Shepard Report” on streamlining government.

“To say the justice system is stronger today because of Chief Justice Shepard’s three decades of dedication would be an understatement,” National Center for State Courts president Mary McQueen said. “He defined ‘justice’ not only for the citizens of Indiana and the United States – Chief Justice Shepard defined ‘justice’ for our generation.”

Before being appointed by Gov. Robert Orr to the state’s highest court, the Evansville native and seventh generation Hoosier served as a Vanderburgh Superior judge for five years. He graduated from Yale Law School in 1972, and after serving briefly as special assistant to the Under Secretary of the U.S. Department of Transportation, he returned to Indiana and worked as chief assistant to Evansville’s mayor until he took the bench at age 33.

The Judicial Nominating Commission will be taking applications for his successor and conduct interviews in February, and the governor will choose from a submitted list of three names the person who will become Indiana’s 107th justice. Once Shepard retires, Justices Brent Dickson will serve as interim chief justice until the nominating commission chooses the next person.
 

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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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