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Justice David joins the Indiana Supreme Court

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One word marked Justice Steven H. David’s beginning on the Indiana Supreme Court.

“Wow,” was his response in amazement, moments after being sworn as the state’s 106th justice and donning his high court robe for the first time.

That reaction marked not only the historic change in the court’s lineup for the first time in 11 years, but also reflected the humility and modesty displayed by the newly appointed Supreme Court justice who took the bench Oct. 18.

An estimated 230 people packed the ornate third-floor courtroom inside the Indiana Statehouse that day, culminating a process that begin in May when Justice Theodore R. Boehm announced he’d be retiring from the court. The summer narrowed the nearly three dozen applicants down to three and Gov. Mitch Daniels on Sept. 17 chose the Boone Circuit judge to take that spot.
 

David The current Indiana Supreme Court Justices applaud their newest member, Justice Steven David. (IL Photo/ Perry Reichanadter)

The investiture ceremony signified his official start on the court, which would be only two days before hearing his first trio of oral arguments and his first appellate court conference behind closed doors. Fifteen years at the trial court level combined with experience in military law, as a corporate legal counsel, and in private practice led to that point and put him in a spot he said he’d never dreamed he would be in.

“Gov. Daniels, sir, what can I say to the person who picked me over so many qualified candidates to be number 106,” Justice David said, moments after the governor administered the judicial oath, he put on the new robe for the first time and took a seat on the bench. “I haven’t got the tattoo yet but I intend to get one. It’ll go right over the gavel I have now.”

As the investiture ceremony began, Justice David’s picture on the courtroom wall between Chief Justice Randall T. Shepard and Justice Robert D. Rucker was covered with a red curtain. Just as he walked out with his new colleagues for the first time, the curtain was removed to reveal his portrait now displayed.

When introducing those who’d speak about the new member, Chief Justice Shepard praised the merit-selection system that sets Indiana apart from many of its neighboring states that endure high-dollar and contentious judicial elections.

The governor pointed to the new justice’s extensive experience at the trial court level, corporate experience with Mayflower, private practice in Columbus, and his longtime service as a U.S. Army colonel and judge advocate general who’d represented detainees at Guantanamo Bay, Cuba.

Nashville attorney James Reichert, who served as vice president of legal for Mayflower back when Justice David worked there, talked about his friend and colleague’s passion for running and his love for family, the latter being a true measure of the man and jurist. The story that the new justice had donated a kidney to his critically ill niece 16 years ago was a surprise to some the audience.

Justice David, who grew up in Bartholomew County, spoke of wanting to be a lawyer since he was a little boy, a desire to be on the bench since his first day of law school at Indiana University School of Law – Indianapolis, and that now having his own chambers with an engraved “Justice David” nameplate inside the Indiana Statehouse is beyond what he’d ever dreamed.

Justice David described his judicial philosophy as being one of humility, respect, fairness, and the rule of law. He also mentioned his love for family and juvenile cases and praised the civility and professionalism that the Supreme Court has demonstrated through the years.

“Every day I will do the best I can,” Justice David said, vowing to have respect for the executive and legislative branches and to always fight to protect the Indiana Constitution. “I have no agenda. I am not an ‘R’, I am not a ‘D’, I am not an ‘I’. I owe no one anything.”

But while marking some of the serious notes of the historic event, the ceremony clearly brought out the new justice’s lighter side, with Justice David himself and his friends and colleagues offering laughter, wit, and humor at every turn.

Citing his love for music lyrics and history, Justice David gave a speech that included references to Abraham Lincoln, Oliver Wendell Holmes, and country singers Kenny Chesney, Lee Brice, and Toby Keith. He used those musical references to note how he wanted to be a part of the solution, and how he hadn’t gotten to this point alone.

He also touched on what he described as the “elephant in the room,” about Justice Boehm being a man praised by many for his intellect. The new justice told a story about a law school professor of his who also knows Boehm, and said that while the former justice is “the smartest man she knows,” Justice David was a “memorable student.”

That brought laughter from everyone in the room, from those in the audience to the other justices on the bench.

“Now, the whole world knows what I’ve known for so long – that he has a wonderful sense of humor,” said former Indiana State Bar Association president and Columbus attorney Richard Eynon, whom Justice David clerked for while in law school and went to work for as a young attorney after graduation. “He’s not a clown or a jester, but he has within himself a way of making people very comfortable by creating laughter and lightening things up, all while being serious and always committed to the rule of law.”

Attending the investiture, Eynon took comfort in seeing something that he’s never before witnessed – all five justices on the bench laughing together and having fun. He described his former law clerk as being 100 percent unique, and that Indiana likely won’t ever see another justice with those same experiences and qualifications and personality.

“He’s not there to change the court, but yes, I think they’ll take his qualities and all of his experiences and change as a result of that,” Eynon said. “That’s a healthy jolt for the Supreme Court, and it’s a difference and change he’s already making. I think all lawyers in the state who listened or watched that investiture are smiling and saying, ‘Yes, this is a man who will represent all of us without failure.’”•

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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