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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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