ILNews

Lucas: Is diversity within the judiciary important?

Kelly Lucas
February 15, 2012
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EidtPerspLucas-sigChange is coming.

Many were surprised when Chief Justice Randall Shepard announced his impending retirement last year. Indiana’s mandatory retirement age for judges is going to force turnover on the Court of Appeals this year as well. Word on the street is other vacancies on the appellate bench may occur. Attorneys interested in vying for Court of Appeals and Supreme Court openings are keenly aware of the opportunities on the horizon.

On page 3, you will read about the process currently underway to select the newest Supreme Court justice. The pool began with 15 interested applicants, and it has now been narrowed to seven. A group that began with seven women and eight men is now three women and four men. The original group included two African-American women, and one of these women remains in contention for the judicial opening. It might be coincidence, but I surmise that the Judicial Nominating Commission is keeping diversity in mind when going about the difficult task of selecting semi-finalists and, eventually, finalists.

In her story, Jennifer Nelson looks at how the gender and racial makeup of the judicial candidate pool stacks up against Indiana’s general population and that of the state’s legal community. Will Indiana, one of the few states in the country that does not have a female presence on the high court, create gender diversity with this selection? Is that important?

Myra Selby, a former Indiana Supreme Court justice and the only woman to have served on Indiana’s Supreme Court, says a goal should be to have the court reflect the state it serves. She reiterates the point many echo that there are many important qualities and qualifications that go into being an appellate court judge, but Selby, who serves as chair of the Supreme Court’s Commission on Race and Gender Fairness, adds that the court is enhanced by having different “voices” contributing to the whole.

As the JNC continues its task of selecting finalists for the Supreme Court, the Indiana Lawyer would like to know what our readers think. Is increasing racial diversity or creating gender diversity within the court a consideration when evaluating candidates? Should an applicant’s race or gender factor into the decision-making process? Is the work of the court impacted by its makeup?

Email your thoughts to klucas@ibj.com.•

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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