New MCBA president discusses role of minority bar

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While the Marion County Bar Association was originally founded in the 1920s as an answer to other bar associations that didn't allow minority members to join, the organization remains relevant as a support system to its members and a voice for minority attorneys in central Indiana.

Supporting its membership and the community at large are among the goals of the MCBA for 2010, led by the recently installed president, Dana Phillips, a staff attorney for the Indiana Department of Child Services.

For Phillips, this is the second time she's taken over as leader of an organization from her law school classmate, Ryan Gardner.

Gardner has known Phillips since his second year of law school at Indiana University School of Law - Indianapolis, and the two served together on the Student Bar Association.

"After my year as SBA president, I had the honor of passing the gavel to Dana, and she did a wonderful job," Gardner said. "I was pleased to have been able to do so again for the MCBA.

"Dana works extremely hard and has earned the respect of the MCBA Board. I believe that she will do a wonderful job as the organization's next president," he added.

Gardner will remain involved with the MCBA on the board of directors. He, other past presidents, and board members will also support Phillips in her new role. She met with them to learn about what to expect and how to continue the organization's goals she and they think will best serve their members and the community.

One initiative she plans to see MCBA continue is its outreach efforts to law schools around the state.

"All students in Indiana potentially come to Indianapolis to work," she said.

MCBA has been working with Indiana's four law schools to let students know about the benefits of joining the association, including mentor opportunities and job announcements directly from the membership.

MCBA will continue a few programs to help younger students as well. One program works with high schools to help students fill out their Free Application for Federal Student Aid, which has helped a number of students see they can attend college even if they didn't go to the best school or earn the highest grades.

MCBA is also involved with Shortridge Magnet High School for Law and Public Policy, which became a magnet school at the beginning of the 2009-10 school year. Phillips said an MCBA member is on that school's board, and another has a child attending the school.

For these and other reasons, she said MCBA has made itself available to the school to help with their needs and to nurture the students.

MCBA will also continue its Boys' Rites of Passage and Girls' Rites of Passage programs that provide mentoring opportunities, character development, and educational resources for boys and girls from elementary to high school.

Beyond these opportunities, MCBA offers support to all members, she said.

For instance, a revamped initiative is a group that will offer support to solo and small-firm attorneys. The reality, Phillips said, is many minority attorneys may start their careers at medium or large firms, but very few remain in those firms for various reasons and end up starting their own shops.

She added some members have reported that they get frustrated with their employers when they think they're on the partnership track but then see someone from another firm - possibly with less experience - join their firm with partner status.

For some MCBA members who have seen this happen, they have decided to hang their shingles as solos. There are also other members who lost their jobs due to hard economic times and have decided to become solo practitioners.

Or, as in Gardner's case, he enjoyed working for his former firm, LewisWagner, and would recommend others work there, but he decided to change up his practice areas.

With this new initiative, she said, for whatever reason members became solo attorneys, they'll have a support system for referrals and someone to vent to from time to time.

As a government attorney, she said she's enjoyed a healthy support system, and understands the need for all attorneys to feel like they can talk to someone who's had the same experiences.

It's also one of the reasons why MCBA is still relevant even though its members can join the Indiana State Bar Association and Indianapolis Bar Association now, while they couldn't when MCBA was founded in the 1920s, she said.

In fact, MCBA has been communicating with other bar associations, she added, including the Kimbrough Bar Association, a minority bar association in Lake County; the National Bar Association, the umbrella organization to minority bars around the country; and the ISBA.

Roderick Morgan, a former MCBA president and the current and first African-American president of ISBA, weighed in on how ISBA will work with the specialty bar associations.

"You can't deny the history," he said. "The reason the MCBA was founded is because minority attorneys were not permitted to join the Indianapolis Bar Association or the Indiana State Bar Association. ... So some of that tension remains. I think it's diminishing, and we're trying to work closer. In the areas where we can cooperate, we do."

Morgan is.

"She and I share the same theory," Morgan, a partner at Bingham McHale in Indianapolis, said about Phillips. "We're all lawyers in the same small state and small town and want to do the same things. There are some positions the bar associations can disagree on, and that's OK."

One of those issues is the discussion of whether judges should be chosen by merit selection, as it is in a handful of counties, instead of elections, as is the case in the majority of Indiana counties.

Phillips said she wants MCBA to have a voice in the discussion because merit selection has been historically harmful to promoting diversity on the bench. She added that urban counties might not have as much of an issue as smaller counties with having diversity in their judges if merit selection becomes the norm across the state.

"I look forward to working with her and all the bar associations in the state to improve relationships and communication," Morgan said. "Whatever assets we have, we can share. All boats rise with the tide."

For example, ISBA provides scholarships to specialty bars to attend the American Bar Association's Leadership Institute in Chicago. One of those scholarships will go to MCBA, he said, and one will go to Kimbrough Bar Association.

"Dana will do a good job as president," Morgan said. "She has a good energy. She has some good ideas and a great support group."


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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.