Leadership in Law 2014: Hon. Timothy W. Oakes

Judge, Marion Superior Court, Civil 13, Indianapolis • Indiana University Robert H. McKinney School of Law, 1991

April 23, 2014
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15col-Oakes.jpg Hon. Timothy W. Oakes (IL photo/Eric Learned)

Hon. Timothy W. Oakes is known for his willingness to work on administrative matters that affect the court and find ways to improve the judicial system. He created a program whereby he and a fellow judge host and mentor law students, and as part of that program developed a curriculum that provides the students exposure to the practical aspects of the practice of law. He has worked on several successful court projects, including gaining additional funding for guardians ad litem in child in need of services cases. Tim understands the importance of being a civil servant and the responsibility that comes with it. He is driven not by accolades but by a desire to serve the judicial system.

What was the biggest surprise going from attorney to judge?

Everyone tells you and it is true: Being a judge is extremely isolating. Even my best friends and wife stopped calling me for lunch. My parents don’t even drive up from Kentucky to visit me anymore, and I’m an only child with their only four grandchildren.

You created a program to provide mentoring to law students. Why is it important to work with the students?

Mentoring matters – it can define and direct careers and lives. I’ve benefited from truly exceptional mentors and friendships. To have just a piece of that positive influence on someone else’s life and career would be exceptionally rewarding.

You’re currently working to expand e-filing in the county’s civil courts. What’s one way technology has made it easier to be a judge and one way it’s made it more difficult?

Access to files, documents, exhibits has been made easier not just for judges, but for everyone. The transition phase which we, as a legal profession, are just beginning is, and will be, the most difficult. Some folks, including me, have to adjust some old habits and comforts.

What was the worst or most memorable job you had prior to becoming an attorney?

The most painful one was working for a federal bureaucracy with some very talented people. However, despite the talent, the bureaucracy favored form over outcomes. My supervisor literally told me once during a performance evaluation that I had to stop working late. I thought I was living in a sequel to Kafka.

Why do you think people have negative stereotypes about lawyers?

Lawyers, by design, make it look easy. People don’t like seeing others make significant money for something they do for free – give advice. They don’t see the time and training that goes into making that lawyer’s advice solid and correct, not just a hunch.

Is there a moment in your career you wish you could do over?

In life, yes; in my career, no. My career mistakes usually resulted in me learning something about life, myself or others. The experience of those mistakes can’t be duplicated in a classroom or a lecture, and they can’t be bought other than with time and trying.

What class do you wish you could have skipped in law school?

All of them … except legal writing and except for the classes I took with Professors Papke, Dean Harvey, Jegen and Kinney – great professors who made being in the classroom enjoyable and intellectually stimulating.

What’s something you’ve learned over the years that you wish you could go back in time and tell your younger self?

Not much because experience is earned, not taught.  I wouldn’t have listened to me anyway, except for maybe this: I would tell my younger self, “Go hangout with Grandpa Oakes even more than you do because one day he will be gone and there will no longer be ‘next weekends.’”

What are some tips for achieving a work/life balance?

Imagine your funeral; imagine who you would want there and what you would want them to be saying about you. Now, work back from there, and let that be your guide for today and every day.

What’s been the biggest change in the practice of law you’ve seen since you began?

Socialization among the lawyers has declined, which is not good, and the increase of technology as tools of the trade has changed the business model for lawyers forever.

If you couldn’t be a lawyer, what would you do for a living?

Lobby the Legislature or teach adolescents probably. Insert your own joke here, but both are worthy professions that don’t get the recognition, treatment or place in our society each deserve.

What civic cause is the most important to you?

Generally anything to do with abused, neglected or disadvantaged children or anything that helps military veterans.

We hear a lot about civility. Have you noticed a change in how attorneys treat each other since you began practicing?

Not really. I know there is that perception of increased incivility, but I also see a good number of quality lawyers practicing with civility every day. I suspect the ratio has always been about the same, but because there are so many more lawyers, the ill-tempered ones perhaps garner a disproportionate share of our memories.

Who is your favorite fictional lawyer?

Atticus Finch – strong, loyal, well-educated, principled, a dedicated advocate and perhaps most importantly, southern.

What’s something about you not many people know?

Probably nothing – I’m such an open book. I can keep everyone’s secrets but my own.



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  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.