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Memorable moments from the 7th Circuit Bar Association and Judicial Conference of the 7th Circuit

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Pro bono honorees

Three Indiana attorneys were recognized for their contributions to the practice of law during the annual dinner of the 7th Circuit Bar Association and the Judicial Conference of the 7th Circuit.

Sharon Barner, vice president and general counsel of Cummins Inc., received the American Inns of Court Professionalism Award for the 7th Circuit. This award is given to a lawyer or judge whose life and practice exemplifies personal integrity coupled with a dedication to the highest standards of the legal profession and rule of law.

IL_Richard_Lugar01-15col.jpg Former Indiana Sen. Richard Lugar, left, and 7th Circuit Court of Appeals Judge John Tinder converse during the 7th Circuit Bar and Judicial Conference on May 6 in Indianapolis. Tinder was in high school the last time he had the opportunity to introduce Lugar, who at that time was working on becoming mayor of Indianapolis. (IL Photo/ Perry Reichanadter)

Judge James Holderman, chief judge of the U.S. District Court for the Northern District of Illinois, presented Barner with the award.

Also, the 7th Circuit Bar Association Pro Bono & Public Service Committee recognized two Hoosier attorneys for their contributions to the pro bono arena.

Mark Stuaan, partner at Barnes & Thornburg LLP in Indianapolis, received the Justice John Paul Stevens Pro Bono & Public Service Award for his outstanding pro bono work in the 7th Circuit Court of Appeals.

Alan L. McLaughlin, office managing shareholder at Littler Mendelson P.C. in Indianapolis, received the Pro Bono & Public Service Award for his outstanding pro bono work in the U.S. District courts of Indiana.

School days

Circuit Judge John Tinder had the privilege of introducing former Sen. Richard Lugar. Tinder told the 7th Circuit Bar conference that Lugar was known as “a champion of the rule of law throughout the world and a great friend to the federal judiciary.”

But before he became all that, Lugar was a guest speaker at Brebeuf Jesuit Preparatory School in Indianapolis, and Tinder recalled the occasion when he’d last introduced Lugar, presenting him to his classmates back in 1967. Upon taking the lectern, Lugar joked that Tinder had made more of himself than Lugar imagined he might.

Lugar recalled that during his successful campaign for mayor of Indianapolis in the years that followed, Tinder was helpful, even posting numerous “Lugar for mayor” signs on the campus of Indiana University in Bloomington. Lugar mused that the number of Bloomington voters in the Indianapolis mayoral election wasn’t known, but that the effort was surely helpful.

Less here, more there

New filings in District courts of the 7th Circuit edged up last year, increasing 1.7 percent across the seven districts in Indiana, Illinois and Wisconsin. But the caseloads varied widely in the different jurisdictions. In the Northern Indiana District, for instance, cases rose 30 percent, while they declined 33 percent in the Southern Illinois District

Chief Judge Frank Easterbrook provided the analysis during his State of the Circuit address. While cases overall are up, bankruptcy filings are down an average of 6.5 percent in District courts across the 7th Circuit, Easterbrook said.

Confirming less drama

The highly charged political atmosphere surrounding federal court nominees seems like part of the Washington landscape. Lugar said it wasn’t always so.

Sharing an anecdote from early in his 36-year Senate career, Lugar recalled a federal judicial nominee was confirmed after a two-question Judiciary Committee hearing.

Lugar remembered the second question and final inquiry of the nominee from the committee chairman at the time: “Dick Lugar said you would be a good judge. Will you be a good judge?”

Returning in 2017

Indianapolis will next host the 7th Circuit Bar and Judicial Conference in 2017. The event will be in Chicago next year, Milwaukee in 2015, and Chicago in 2016. Organizers said an estimated 650 people attended the Indianapolis conference.•

– Marilyn Odendahl and Dave Stafford
 

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. 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.

  4. 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.

  5. 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)

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