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Justice applicant pool reflective of Indiana

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The attorney Gov. Mitch Daniels eventually chooses to become Indiana’s next Supreme Court justice will have come from a pool of applicants that was fairly representative of the state’s population. The question remains whether the new justice will change the demographics of the high court. Indiana’s justices are all men: four Caucasian and one African-American.

Fifteen people applied to be next Indiana justice, but only seven remain in the running for the position. The demographics of the original applicant pool and the semi-finalists group don’t match up exactly to the number of minorities and women in Indiana, but the groups came pretty close.

shively Evansville attorney Les Shively, standing, interviewed with the Indiana Judicial Nominating Commission Feb. 8 to become an Indiana justice. Shively was one of 15 people who applied to replace Chief Justice Randall T. Shepard on the Supreme Court. (Photo courtesy Indiana Supreme Court)

The breakdown

Eight men and seven women applied for the judicial seat opening when Chief Justice Randall T. Shepard retires March 4. According to census figures from 2010, women make up the majority in Indiana – but not by much. Women outnumber men by less than two percent.

Of the 15 initial applicants, only two – or 13 percent – are minorities. Non-Caucasians make up nearly 16 percent of the Indiana population, according to census data. The percentages didn’t change much with the makeup of the seven semi-finalists: One minority remains in the group – which translates to 14 percent of the applicant pool.

The percentage of women represented in the semi-finalist group decreased to 43 percent.

The analysis becomes murky when trying to compare the applicants’ demographics to the Indiana legal community. Although the courts ask for attorneys’ gender and race during registration, that information is not required. Myra Selby, chair of the Supreme Court’s Commission on Race and Gender Fairness, said the commission has only been asking for that information for about three years. The place to fill in one’s race and gender is on the Indiana bar card.

The first couple of years the information was on the card, it was in small print and on the back, so many attorneys may have missed it, Selby said. The questions have been moved recently to a more prominent position on the card, but she isn’t sure yet if it will result in more people providing that information.

According to the Indiana Roll of Attorneys, there are 17,605 lawyers who are admitted to practice and in good standing in the state. Data from the Roll of Attorneys and the Indiana Supreme Court vary on racial and gender makeup of Indiana’s legal profession, but both show that the number of men who practice in Indiana is around double that of women. According to data from both sources, the majority of people listed Caucasian as their race, followed by African-American, Hispanic/Latino, and Asian-American. A handful of people listed “other” under race.

applicantsEncouraging diverse applicants

The Indiana State Bar Association’s Diversity Committee and the Commission on Race and Gender Fairness are tackling issues involving women and minorities, but neither have programs in place to encourage minorities to apply for appellate judicial positions. Selby said it’s certainly an idea worth exploring in Indiana as she’s seen efforts in other states that have been well met and supported by the bench and bar.

Attorney John O. Feighner, who served on the Indiana Judicial Nominating Commission from 2003-2005 and 2009-2011, said his goal when selecting the next appellate judge or justice was to have a diverse group of people that would allow the commission to pick the best three candidates to send to the governor’s office.

“We’ve made a lot of progress to try and seek out many diverse applicants for the Court of Appeals and Supreme Court for the commission to consider. The court has made extraordinary efforts through the Internet and documenting the process … to hopefully encourage everyone to know it’s an open, merit-based selection process,” he said.

Feighner also pointed out that the commission has sent a diverse applicant trio to the governor to select from in recent years. At least one woman has been included as a finalist for the Indiana Court of Appeals vacancies in 2007 and 2008, and a minority was a finalist for the 2008 opening. Dubois Superior Judge Elaine Brown was chosen to fill the position in 2008; Marion Superior Judge Cale Bradford was selected in 2007. Both judges are Caucasian.

applicantsWhen it came time to select Supreme Court Justice Theodore Boehm’s replacement in 2010, the governor had three Caucasians – including a woman – to choose from. He picked Boone Circuit Judge Steven David.

Since 1985, the commission has interviewed candidates to fill eight vacancies on the Supreme Court. At least one woman has been named a finalist in six of those selection processes, with Selby being selected in 1994. Both she and current Justice Robert Rucker have been the only minorities on the high court, and Selby has been the only female justice.

Why diversity matters

Sharon Murphy, chair of the Diversity Committee for the Indiana State Bar Association, believes Indiana needs to be more cognizant of the value of diversity and the richness that it provides to everyone when it’s accepted and incorporated.

“If we have a judiciary that represents the population, you’re likely to get more people who see the judiciary – in whatever capacity – who realize they can be a part of the legal community,” she said.

Selby would rather not focus on the fact that Indiana is just one of three states to not have a sitting female justice, and instead look at the goal of having the court reflect the state in which it sits.

“There are many important qualities and qualifications that go into being an appellate court judge,” she said. “I don’t think any one automatically vaults to the top over another, but I do continue to believe that the court is certainly enhanced by having a voice that is different in whatever respects from everyone else, so that every voice contributes to the whole.”•
 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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