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Indiana's freedom fighter

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A 90-year-old Indianapolis attorney couldn’t have predicted his legal career of more than 60 years would include handling many controversial clients, including the Ku Klux Klan and conscientious objectors of the Vietnam War, among others.

Irving L. Fink had a hand in helping found two prominent statewide legal organizations – now known as the ACLU of Indiana and Indiana Legal Services. He continues to practice four days a week and has a clear memory of many of his cases over the decades.
 

ACLU main Irving Fink (IL Photo/ Perry Reichanadter)

After graduating from Northwestern University in 1941, he served in the Army for four years during World War II. His dad suggested law school, and Irving attended the University of Michigan with help from the G.I. Bill. He graduated in 1948 and was admitted to practice in Indiana in 1949.

He landed in Indianapolis thanks to an Army buddy who helped him get a job as a lawyer; he made $50 a week. Most of his career since has been as a solo or at a small firm, other than about three years at a large firm early on.

As a solo, he said he could take the cases he wanted.

For instance, even before he helped found the ACLU in Indiana in the early 1950s, the ACLU national organization based in New York offered to help him with a case in which he represented a principal who was a Jehovah’s Witness who wouldn’t salute the flag during the pledge of allegiance. He said he appreciated the offer but declined the New York organization’s help.

He would later represent Jehovah’s witnesses and others who were conscientious objectors to the Vietnam War. Some of those cases came to him through the ACLU of Indiana, and some clients found him on their own, but he was fairly sure he had handled more of those cases than other Indianapolis attorneys.

Other Vietnam War protestors he represented with the ACLU of Indiana included the “Marian 8,” a group of Marian College students who picketed outside the college president’s home and were arrested on criminal charges.

Irving filed a motion to dismiss, and the trial went forward without a ruling on the motion. At the close of trial, the judge stated that although he’d like to send them all to jail, because Irving raised important constitutional issues he felt compelled to set them free.

“My dad had a lot of respect for the judge who was upholding the Constitution over his own political beliefs,” said his daughter Elaine Fink, also a lawyer.
 

Elaine Fink mug Elaine Fink

A tougher decision for Irving involved a case in which a head of the Ku Klux Klan asked Irving to represent the organization. They wanted to march to protest a federal judge’s ruling on segregation in Indianapolis Public Schools in the early 1970s.

During the first conversation with the KKK leader, he told him, “There are two things you should know about me: I’m Jewish, and I hate everything you stand for.”

Beatrice Fink, his wife of almost 65 years, remembered telling him she was adamantly opposed to him accepting “Klan money.”

In the end he would defend the KKK’s constitutional right to march. The ACLU of Indiana backed him on the case.

Elaine said she remembered vividly when her father was representing the KKK and the effect it had on how others in the community viewed her family during that time.

“Here we are, a Jewish family, very involved in integration efforts, members of the NAACP, raised to be aware of civil rights issues,” she said.

Another case involving the ACLU of Indiana that he recalled took place in the early 1980s and involved the BMV. At that time, the governor would make political appointments – generally the county party chair of the governor’s party would be appointed to oversee the license branches. A notary fee for driver’s licenses would then go to the political party overseeing the branch, he said.

Irving and the ACLU challenged that process in federal court in 1983. By the mid-1980s, the state legislature addressed the issue and changed the statute so it was no longer OK for political parties to receive fees from licenses through these political appointments.

While Irving was no longer taking ACLU cases when current legal director Ken Falk started there in the mid-1990s, he does know Irving and thinks highly of him and his work.

“Irv has been a supporter and a cooperating attorney for the ACLU for many years,” Falk said. “I know from talking to him the work he’s done for us has been extremely import in many areas. He is a treasure to the ACLU and to the legal community. … He is just a wonderful person and has a wonderful family.”

Outside of the courtroom, Elaine recalled her father’s support of constitutional rights from two incidents involving her family.

In the early 1960s when she was around 10 years old, she remembered the family visited an amusement park in Indianapolis for the first time after it had been integrated. Shortly after they arrived at the park, Irving saw a “Whites Only” sign over a water fountain, and he had the family leave right away.

Elaine also remembered going to a movie on Christmas day at a theater in downtown Indianapolis. Because a group of union members were picketing outside the theater, Irving had his family leave. He represented unions early in his legal career and he would never cross a picket line.

At the time of both incidents, she was embarrassed and upset, Elaine said, but looking back she now understands why her father made those decisions.

She also has a better understanding as an adult and as a lawyer what he went through as an attorney in the case involving creationism in textbooks, which he believed to be a violation of the separation of church and state, and something that wasn’t appropriate in public schools. He won that case in the 1970s.

While Elaine said her parents didn’t encourage or discourage any of their five children in their career choices, Irving said he is very proud of his daughter for the work she does for poor people.

She attended New York University School of Law on a scholarship because she wanted to practice public interest law. After working for other public interest organizations, she has spent most of her legal career at the Legal Aid Society of Southwest Ohio in Cincinnati.

This work has also helped her realize why her father was involved in the formation of what is now Indiana Legal Services.
 

Norm Metzger mug Metzger

Norman Metzger, ILS executive director, became executive director of that organization in 1970 and remembered Irving’s involvement in that organization in the 1970s as a board member.

“What I remember of all these guys,” referring to Irving and others who were involved in the late 1960s and through the 1970s, “was how smart they were. They were also unflappable and very dedicated to the cause. We were so controversial in those days. Virtually every week we were in the newspaper. The city was having a hard time getting used to a legal aid organization doing things that were very litigious.”

For instance, the organization would take cases involving welfare rights and jail conditions, including whether people in prison were receiving needed medical care or if the conditions were suitable for living.

“I never once had anyone on the board of directors call and say, ‘What are you thinking? Why did you take this case?’ I think all those guys were really smart, had good educations … they just thought it was the right thing to do on behalf of poor people. … These guys were so gracious, professional, soft spoken, and supportive.”

Today, Metzger said, there are restrictions on the federal funding the ILS and other organizations supported by the Legal Services Corporations can receive, and they are no longer allowed to represent prisoners. However, the ACLU of Indiana has taken these types of cases.

Irving, who celebrated his birthday in March with family, friends, and music – something he has encouraged his children to also enjoy – is still friendly and soft spoken, but he’s not shy or afraid to talk about controversial issues.

He encouraged young attorneys to enjoy their work and not do it just for the money.

“Some of the most meaningful experiences I had as a lawyer,” he said, “were the ones where I didn’t earn a dime. … It’s important to take cases on principle and not only because of the fees.”•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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