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Judge Tinder’s retirement plans leaked

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Judge John Tinder’s appointment to the 7th Circuit Court of Appeals in Chicago never meant a change of address. He kept coming to the Indianapolis federal courthouse where he’s labored for 30 years now as either a federal judge or prosecutor. Colleagues say the place won’t be the same after Tinder retires next year.

“He was very helpful to me when I came onboard here, because it was all new to me,” said Judge James M. Carr, who last year was appointed to the Bankruptcy Court for the Southern District of Indiana.
 

tinder-john-1col.jpg 7th Circuit Court of Appeals Judge John Tinder will retire when he turns 65 next year after more than 27 years as a federal judge. (IL file photo)

Carr said the federal judiciary as a whole benefited from Tinder’s decision to keep his office in the Birch Bayh Federal Building and U.S. Courthouse. Carr said Tinder “showed me the ropes and gave me direction. I felt comfortable asking him the ‘dumb question.’”

It didn’t hurt that Tinder and Carr were classmates at Indiana University Maurer School of Law in Bloomington, earning their J.D.s in 1975. “We knew how to find our way to Nick’s,” Carr quipped, referring to the popular bar. “He was always a great guy and well-liked by everyone in law school, as far as I knew.”

Tinder plans to retire from the 7th Circuit bench when he turns 65 next February – news that became public in early March after a clerk applicant shared a letter from Tinder with the legal blog Above the Law, which posted the letter.

“I recently decided that I will be leaving the court in 2015 so I will not be hiring any additional clerks,” Tinder wrote in the letter.

In a style colleagues said is typical, Tinder took the episode in good humor. He already had informed federal court administration of his plans, which he said also were known to colleagues on the 7th Circuit.

“It’s not like it was a secret,” Tinder said. “Anybody could look at the calendar and figure out” that he would turn 65 in February 2015. At that point he will be eligible to assume senior judge status, but Tinder said he doesn’t intend to hear cases after more than 25 years on the federal bench.

“I walked into the building here at 46 E. Ohio (in Indianapolis) in May 1984, and I’ve been working in this very same building ever since,” Tinder said. “There’s benefit in trying something different. I don’t want to put any particular limits on what I might try.”

Andy Mallor of Mallor Grodner LLP of Bloomington and Indianapolis also was a classmate. The longtime friend was best man when Tinder married Indianapolis attorney Jan Carroll. Mallor and Tinder clerked together during law school and have been close since.

“One thing I never doubted was whatever he did, he would do it with incredible diligence, intelligence, and ethically,” Mallor said. “He is the standard in the law.”

Mallor recalled that when his mother died late last year, Tinder dropped by to visit and spend time with his dad. “If you’re a friend, you never have to worry,” Mallor said. “He’s always in your corner.
tinder-facts.jpg “The list of people that would do anything for him is a pretty long list.”

Tinder began federal service as an assistant U.S. Attorney and was appointed U.S. Attorney for the Southern District in 1987. He then reached out to James Warden, who had been a deputy Marion County prosecutor while Tinder had been chief trial deputy prosecutor. Warden eagerly accepted an assistant U.S. attorney position, which he’s held since.

“That was my professional dream. I wanted to be a career prosecutor,” Warden said. Tinder “was a great boss for a combination of reasons. The primary reason to me was credibility.” Warden explained Tinder brought to the office experience in criminal defense, and as a prosecutor “basically had a working knowledge about every case in the office.”

A few years later, Tinder was confirmed as a District Court judge, and Warden found himself prosecuting cases before his old boss. “That can be a blessing and a curse,” Warden said, noting attorneys on both sides knew Tinder from his prior experiences, and they knew what to expect from him.

“He was a very devoted and focused trial judge, and if you were prepared and straightforward, you weren’t going to have too many problems,” Warden said. “He didn’t want you to do ‘the dance.’ … If you tried to do the dance, he’d call you on it.”

Tinder said he’s had dream jobs too – “now, and on the District Court, and as U.S. Attorney. They’re all things I enjoyed every day and I continue to enjoy.” But after 27 years on the federal bench, he decided he’d heard enough cases.

He has some “hazy notions” about what his post-retirement life may hold – public interest advocacy, maybe arbitration – along with some time for extended travel.

William Dazey of the Indiana Federal Community Defenders office in Indianapolis has represented defendants before Tinder since the judge’s appointment to the federal bench. He’s not surprised Tinder would carve his own path after retiring.

“I don’t need a crystal ball to know that the next phase will be fun-packed and that the world around him will be a bit brighter place as a result,” Dazey said.

Dazey said Tinder consistently kept court light and treated counsel with dignity and respect “even where counsel’s conduct deserved neither.”

“His wry sense of humor has tended to infect his work and work product,” Dazey said. “I am certain that there is a bit of a little kid inside Judge Tinder who takes delight at the well-placed pun or amusing observation tucked inside an opinion and greater delight when a colleague takes notice.”

Tinder’s retirement plans won’t include starting a law firm or appearing in a courtroom. “I’m not retiring from the legal profession, but I will be leaving the court, and I hope to remain active in some way in the legal community and the community at large,” he said. “I’m not just going to sit home and watch sitcoms.”

But Tinder said he does allow binge-watching of “House of Cards” and other popular dramas, and figures he as well as anyone might put his experience to work in a more artistic endeavor.

“My great hope is that I get a phone call from the people who are producing the prequel to ‘Breaking Bad,’” Tinder mused. “It would be fun to be a judge in a courtroom where Saul Goodman appears,” he said of the crooked lawyer portrayed in the just-concluded AMC network series.

And why not?

“I never would have thought I would have had a chance to do the things in the legal field I’ve been able to do,” Tinder said. “It’s just amazing to me, and it’s been a fun ride. Who know what lies ahead?”•

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  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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