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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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