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On the road, jurists give public access to appellate cases

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It’s no accident that on a college campus in Richmond recently, the Indiana Supreme Court heard a case that involves allegations of hazing and potential liability for an incident at a Wabash College fraternity.

Justices and court staff deliberate about which cases would be good ones for traveling oral arguments, Chief Justice Brent Dickson said. Ideal cases are those that have broad public interest, would be engaging for the public at the chosen venue, and are not highly technical.

15col-Road_Main.jpg From left, justices Steven David and Robert Rucker, Chief Justice Brent Dickson, and justices Loretta Rush and Mark Massa conduct a Q&A session with a Richmond audience after an oral argument at Indiana University East. (IL Photo/ Dave Stafford)

Indiana’s appellate judiciary for more than a decade has heard arguments around the state, many through the Appeals on Wheels initiative of the Court of Appeals. Judges and justices say the arguments promote transparency and give the public a chance to demystify a part of the judiciary many seldom see.

“At the 100th anniversary of our court, our goal was to visit every county in the state, and we almost have,” Court of Appeals Judge Melissa May said. “One thing it does is allow everybody in the public to see what our appellate court really does,” she said.

While the Supreme Court typically hits the road fewer than five times a year, the Court of Appeals averages about 27 Appeals on Wheels arguments each year, according to court spokesman Martin DeAgostino. Since beginning the effort in 2000, he said the court has heard 365 cases in 64 of Indiana’s 92 counties. Arguments most often are heard at high schools, colleges, law schools or courthouses.

“First, we look at cases where oral argument has been requested, then we look for a case that may be of interest to that area where we’re going or the type of crowd we expect,” May said. For an argument at a high school, for instance, “We try to find a criminal search and seizure case, preferably a school case if we can find it.”

The appellate panels also routinely

allow the audience to ask questions after oral arguments, so long as the questions don’t pertain to the case at hand.

Road-facts.jpgAfter the Supreme Court’s case in Richmond, the Q&A allowed the public to lift the curtain on the court’s behind-the-scenes work. Dickson explained to an audience of about 75 that when sitting in Indianapolis, the court typically retires after arguments and confers. Justices talk about the case and get a sense of each justice’s views and where consensus may lie. After the Richmond arguments, justices planned to confer upon returning to the Capitol, Dickson told those who watched the arguments.

An audience member asked the justices how the court decides who will write an opinion. Justice Mark Massa said it’s a marker of the panel’s collegiality that a justice who earnestly wishes to write an opinion usually gets to do so. But he allowed that there are times when competing interests prevail.

Massa explained that he and justices Robert Rucker and Loretta Rush each recently wanted to write an opinion. A coin flip settled the matter. Rucker won. “Seniority,” he quipped to a laughing audience.

May said the COA attempts to arrange Appeals on Wheels arguments so that the panel judges hear cases in the regions from which they were appointed. Cases usually are selected for traveling arguments about a month in advance.

“One reason we use a lot of criminal cases for traveling oral arguments is the state attorney general’s office has been wonderful to deal with, as well as the public defender’s office,” she said. People at the venues, too, “are really excited to have us there, and they bend over backwards to make sure everything runs smoothly.”

At Indiana University East, students in the criminal law program helped out with the proceeding. Sophomore Stewart Homdrom had the honor of gaveling the court to order as a special bailiff. Before the arguments, he and fellow students passed out programs and directed guests.

“It’s a big event for such a small campus,” senior Christa Ginter said.

The events also provide justices an opportunity to visit with local colleagues and talk about some of the things happening in Indianapolis that people around the state might not be aware of. Dickson said justices also learn the concerns of attorneys, judges and legal professionals in areas where the court sets roving arguments.

It’s a big event for the legal community, too. “When’s the last time you’ve had an opportunity to put a bug in the ear of people from the Supreme Court?” Wayne Superior Judge Darrin Dolehanty said as attorneys and others mingled with justices before the arguments in Richmond.

“Could we go to the Statehouse and watch these? Sure,” Dolehanty said. “But not without taking away from work or school.”

As a matter of convenience, Dickson said the court often schedules traveling arguments to coincide with judges’ meetings around the state. That was the case in Richmond.

Robert Chamness, director of probation for Wayne County, said the justices have come to I.U. East on prior occasions, and those events have been popular with students and people in the legal community.

“It’s just an opportunity to get to see some of the things that happen at the Supreme Court level,” Chamness said.

“I think it’s exciting to have the justices come to Richmond,” said Jane Wynegar, whose practice in Wayne County primarily concentrates in trusts, wills and criminal law. “I think it gives the community a broader view of the legal system.”•

Click here to read a recap of the arguments in Richmond on the Wabash College hazing lawsuit.

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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.

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