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Judicial panel promotes civic education

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The Indiana Supreme Court hosted a panel discussion recently to discuss the broad topic of judicial independence, taking a lesson about how the courts operate to an Indianapolis college campus.

Adopting an American Bar Association Judicial Division project known as “The Least Understood Branch,” the event drew in more than 200 people Feb. 15 at Martin University. It was part of the court’s celebration of Black History Month. The program is a result of efforts by Disciplinary Committee Executive Secretary G. Michael Witte, who chairs the ABA’s Judicial Division and has created and hosted these events nationally.

Responding to the rising number of attacks on the judicial branch by the executive and legislative branches and the public nationwide, Witte said he wanted to spend his year in that ABA role emphasizing civic education to make sure everyone understands what is at stake.

“The public sometimes forgets that the judicial branch has to follow the rule of law, rather than what’s popular opinion,” he said. “I think this all indicates why there should be a call for civic education in our nation’s schools, and also why the legal profession as a whole must rise to defend our fair and impartial judiciary and the rule of law.”

Marion Superior Judge David Dreyer moderated a panel discussion on judicial independence that asked “Is it we the people, or we the courts?” Members of that panel included U.S. Judge Sarah Evans Barker from the Southern District of Indiana, Indiana University School of Law – Indianapolis political and law professor John Hill, and IUPUI journalism professor Dan Drew, who has reported on the courts.

Beginning the discussion, Judge Dreyer asked the panelists about judicial selection and Hill responded that elections can be a “black hole” and discussed how Iowa can be viewed as an example of how judicial elections based on public opinion go against the whole point of the judiciary’s obligation to follow the law. In that state, the Supreme Court upheld same sex marriages, and voters in November tossed those jurists from the bench as a result of that unpopular opinion.

“You don’t write for the public, but you’re mindful of the confusion out there on an issue of the law,” Judge Barker said. “You write based on the law, but you don’t live in a vacuum and you don’t want to soapbox it.”

Indiana Supreme Court Justice Robert Rucker also spoke about the state’s various judicial selection systems and Supreme Court operations.

In honor of Black History Month, the program included past Indiana State Bar Association president Rod Morgan, an attorney at Bingham McHale, who talked about an Indianapolis African-American attorney named John Morton Finney who was admitted to the state bar in 1935 and practiced until age 105.

The Indiana courts used Facebook to publicize the program, and it posted photos and information after the event. The page can be found at http://www.facebook.com/#!/pages/Indianas-Least-Understood-Branch/181048511917643.•

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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