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Recognizing judicial family issues

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When Indiana Justice Brent Dickson joined the state’s highest court more than two decades ago, his wife was unsure whether she could take a specific job in her area of education.

His appointment came in January 1986, and Jan Dickson was hoping to use her education in pioneer family structures to land a position with the Indiana Historical Bureau that had opened up. But a potential conflict existed: the chief justice at the time was a board member of that organization and she didn’t know if it would be appropriate to take that job, given her husband’s new position with the Indiana Supreme Court.

dickson Jan Aikman Dickson (middle) was recently inducted into the Warren E. Burger Society for her work creating the Judicial Family Institute. Also posing with the portrait of Justice Burger are JFI Law and Literature chair Sheryl Washington (left) and JFI secretary/treasurer Roz Smith (right). (submitted photo)

The state’s judicial conduct code at the time didn’t address that issue and no guidance existed, so she didn’t apply. But that led Jan Dickson to begin searching for answers, not only on the issue she’d confronted but many others that raised ethical concerns for judges and their family members in ways that no one had addressed before.

“The judicial code back then was written for male judges and on the assumption that family would just follow the same rules,” Brent Dickson said. “Everyone had shared concerns about these things, but these were sudden surprises that weren’t expected by anyone and hadn’t been addressed.”

The answers were unclear on an array of issues including how spouses could interact when it came to local politics or social activities, how they navigated security in their homes, how children and families might respond when contacted by a reporter or acquaintances about a particular case or issue and what types of jobs or community involvement might present potential conflicts.

Jan Dickson went to work talking about those issues, setting in motion the creation of an organization that during the past quarter century has become a national educational resource instituted in multiple states to help judges, spouses and family members navigate the unique issues they might face.

“Any challenges we face in the context of judicial families is in the context of the importance of administration of justice,” she said.

That work has earned Jan Dickson a prominent place in the country’s legal history books. She was inducted into the Warren E. Burger Society in November. Membership honors those individuals who’ve demonstrated “an exemplary commitment” to the administration of justice through their contributions of service or support to the National Center for State Courts, which former U.S. Supreme Court Chief Justice Burger founded in 1971.

Specifically, she received recognition for creating what has become the Judicial Family Institute, a nonpartisan organization that she began as a corporation with a quarterly newsletter in the late 1980s and with early support from the Indiana Bar Foundation. It became so popular that in 2001, the Conference of Chief Justices formally adopted the program as one of its own committees. The CCJ sponsors educational programs and conferences for the nation’s jurists and their families, with many programs coupled with state and federal judicial conferences. Multiple states also have created their own local efforts.

Jan Dickson recalled one of the earliest ethical issues that she and her husband faced – charitable fundraising – something that many judges and their families encounter on a regular basis. She had been involved in the Tippecanoe County March of Dimes efforts, and the justice’s wife wondered if she could have her name attached to any fundraising letters – especially those going to attorneys – because of her husband’s judicial role. She read and studied national judicial conduct codes addressing that issue.

“It’s been fun to watch the changes over the years and see how the judicial codes have evolved to embrace not only the changing judiciary, but their families,” Jan Dickson said.

Through the institute, judges and their families can find information on any number of broad topics: emergency preparedness, ethics, family and children, finances, health and quality of life, high-profile cases, judicial assistance, media interaction, adapting to change on the bench, political life, retirement and home or courthouse security concerns.

The institute’s services are widely sought by judges nationally and statewide, many say. Some issues that arise involve the tough lessons about what a judge and his or family might encounter when interacting in a local community, particularly smaller, more rural areas. Some might face conflicts when attorneys or community members try to befriend or associate with a judge or family member about a legal issue through a community activity or school function, judges say.

“Jan Dickson is the history of the JFI, and her work toward founding and growing the organization has provided an invaluable resource to judges around the country and closer to home,” said Jane Seigel, executive director of the Indiana Judicial Center. “Of course, Indiana’s judicial families have benefited from the JFI’s education and information, but the judges themselves also tell me what an impact Jan’s work has had on their quality of life.”

Many lawyers and judges in Indiana who have a spouse either on the bench or bar say they don’t discuss case specifics with their significant other. Some have a standing order in the firms or court clerks’ offices that trigger an automatic recusal if a lawyer who is the spouse of a judge or sometimes the firm itself is involved in a case before that particular judge.

Michael Hebenstreit, a partner at Whitham, Hebenstreit & Zubek in Indianapolis, said he has that arrangement on cases that might go before his wife, Marion Superior Judge Robyn Moberly. Technically, there’d be no conflict for another firm member to practice in her court, but they’ve just decided “not to go there.” They don’t have many other ethical issues or conflicts that have come up, he said.

“Marion County is big enough where we just kind of blend into the world a little bit better,” he said.

Boone Superior Judge Matt Kincaid learned about dealing with the home front of being a judge long before he took the bench a decade ago. His dad, Warren A. Kincaid III, presided over that same court before he did. The son recalls little things – having a burglar alarm installed for what seemed like no reason, and an apparently “dicey” Marion County case which led to threats and his school being put on notice. But overall, Kincaid said his parents operated mostly as he tries to do: with a balanced perspective at home.

“You always have to be cautious of the appearance of the judiciary,” he said. “It isn’t good enough to just be correct, it has to be 110 percent above board and transparent. That does go into your personal life as a judge.”

Jan Dickson sees the online world and aging judiciary as key issues to discuss in the future. Judges and their families interacting on Facebook and social media has been a concern nationwide, as have discussions about how judges face retirement and what they do after leaving the bench, she said.

Whatever the future holds for the Judicial Family Institute and the Dicksons individually, the justice who is now in his 25th year says the importance of the effort can’t be understated because it goes to the heart of what the legal system is about.

“We’re all in this together and they make us better judges,” he said of judicial family members.•
 

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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