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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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