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Indiana State Bar Association celebrates diversity

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Hundreds of attorneys and judges converged on Indianapolis recently, attending the annual meeting of the Indiana State Bar Association.

The annual conference at the Marriott and Convention Center in downtown Indianapolis offered multiple educational sessions Oct. 13-15, while the ISBA’s House of Delegates heard reports from its various committees and other related legal entities about the progress in the past year. Though no specific new or old business came up for a vote this year, the ISBA welcomed its new president and saw firsthand the culmination of attorney advertising rule revisions its leadership had approved four years ago.

This year’s theme for the meeting was “Diversity in the Legal Profession: The Next Steps,” and most of the committee reports and the conference sessions had diversity themes – such as the immigration and family law seminars, an access to justice session, and appellate practice sessions.
 

Morgan Indianapolis attorney Roderick Morgan finished his term as the Indiana State Bar Association president Oct. 15, after a year of promoting diversity within the profession. Part of his duties included an awards luncheon where he handed out honors. (Photo submitted)

At the annual presidents’ dinner, Justice Peggy A. Quince of the Florida Supreme Court was the keynote speaker. She served as the state court’s chief justice from July 1, 2008, to June 30, 2010, and was a part of the court during the historic presidential election and re-count in 2000 that led to the landmark Bush v. Gore case before the U.S. Supreme Court.

“Like it or not, this is a diverse country and it’s getting more diverse by the day,” she said, noting that it’s important to keep the topic of diversity in regular conversations. “Diversity gets a lot of lip service, but it’s slow to happen. We all have biases and prejudices, so we must try to make sure they don’t spill over into our judging and lawyering. The only way to ensure that is to stay aware of it and attending trainings to discuss diversity.”

Echoing what Indiana Supreme Court Justice Robert D. Rucker discussed at the appellate practice session earlier that day, Justice Quince said it’s important to recognize the key reasons for diversity: democracy, business, leadership, and demographics.

She said it’s important to recognize diversity in all corners of the legal community, from minorities to how non-minorities perceive diversity when it’s practiced. The Florida justice talked about a friend who’s an African-American judge, and had a black bailiff, black prosecutor, and black public defender in the courtroom.

“How do you think a white person in that courtroom might feel when their life, liberty, or property is at stake?” she asked. “That’s not diversity.”

Terre Haute attorney Jeffry A. Lind with firm Fleschner Stark Tanoos & Newlin took over as president from Indianapolis attorney Roderick Morgan, who had just finished his term as the ISBA’s first African-American president. At that same luncheon where he was installed, Lind recognized Indiana Bar Foundation executive director Chuck Dunlap and made a contribution equal to one billable hour for the IBF’s “An Hour for Civics” fundraising campaign.

That donation followed an earlier House of Delegates report from Dunlap about the past year’s financial struggles that have left the IBF in dire straights. He told bar association leaders that the historically low interest rates have hit Interest on Lawyer Trust Accounts hard and created problems funding pro bono and related programs statewide.

An annual report submitted at the House of Delegates meeting shows that IOLTA income has gone from $3 million to $1.5 million in recent years, to $670,000 for 2011.

That translates into a drastic reduction in what the state’s Pro Bono Districts can operate on, according to the report. Grants totaled $1.69 million last year and for 2010 they totaled $1.57 million, and the 2011 requests of $1.41 million has been reduced to about $1 million. But only $427,000 is available to distribute from IOLTA revenues, the report shows.

Any shortfall must be addressed by the IOLTA reserve fund of $1.9 million, but the Indiana Supreme Court has set a guideline limiting use of the fund in any given year to 20 percent of the balance. The organization leadership asked Chief Justice Randall T. Shepard for permission to exceed that amount so that 25 percent of the reserve balance could be used, providing about $175,000 in additional funding. The Supreme Court approved that request.

But even with that, more money was needed and that’s when those at the ISBA meeting heard more good news for the Bar Foundation.

Indiana Continuing Legal Education Forum president Linda Meier announced at the delegates meeting that the ICLEF governing board had agreed to give $100,000 to the Indiana Bar Foundation. She said the money is unrestricted, meaning it can be used on any of the IBF initiatives such as pro bono or civil education programs and services.

Though the IBF still likely faces a shortfall, it can use carry-over funding from some of the districts to help fill the hole. The IBF expects that it will request reconsideration in July 2011 if interest rates improve, but the IBF does expect some “unavoidable reductions” in personnel because of the economic picture.

The House of Delegates also made mention of revisions to Indiana Professional Conduct Rules approved by the Supreme Court, tweaking the attorney advertising rules for the first time in about a generation. The ISBA leadership had studied that issue in 2006 and sent proposed revisions to the court that year, and Chief Justice Shepard said the court had waited to announce these changes until the annual meeting where it all began.•

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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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