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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. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. 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?

  5. 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.

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