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Rush named to Indiana Supreme Court

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A judge with a statewide reputation as a leader in juvenile justice was named Friday as Indiana’s 108th Supreme Court justice and the second woman to serve on the high court.

Tippecanoe Superior Judge Loretta Rush, 54, said she was thrilled to get the news that Gov. Mitch Daniels had selected her from a field of three finalists to replace retired Justice Frank Sullivan Jr.

“I hope your hearing has come back to your left ear,” Rush quipped to Daniels, who called Rush on Thursday to confirm that he had chosen to appoint her.

“I intend to work with the other four justices to build on our Supreme Court’s record of excellence, integrity and respect for the law,” Rush said in her official statement. She said that as a judge, she’s been “a beneficiary of the standard set by the Indiana Supreme Court.”

Indiana had been one of three states, along with Idaho and Iowa, without a woman on its Supreme Court, but Daniels said gender played a small role in his choice.

“As I’ve said on many, many previous occasions, quality comes first,” Daniels said. He called Rush’s years in private practice and on the bench stellar and said her background and judicial temperament made her stand out.

“I’m utterly convinced Indiana is making the best possible choice,” he said.

In addition to overseeing the Tippecanoe County court that deals with juvenile cases, Rush chairs the Indiana Juvenile Justice Improvement Committee that has worked to better and standardize child welfare practices. She also is the president of the 113-member Indiana Council of Juvenile and Family Court Judges.

“No one has been more respected in this area than Judge Rush,” Daniels said.

Rush accepted the appointment with her husband, James, and three of her four children beside her. “Having my family’s support is huge,” she said.

Rush said she believes in judicial restraint and cited the opinions of Antonin Scalia when asked about U.S. Supreme Court justices she respects. Daniels praised Rush for “respect for the meaning of words as they are written.”

With Daniels next year taking the helm at Purdue University, he chose in Rush a Boilermaker alum who worked her way through Indiana University Maurer School of Law.

Out of law school, Rush worked in private practice with fellow Purdue grad and Chief Justice Brent Dickson at Dickson Reiling Teder and Withered in Lafayette.

“I was a lawyer in Lafayette when our firm was privileged to hire Loretta to work for us,” Dickson said Friday. “She’s a product of Indiana education at its best. … She’s going to be a great addition to the court.”

Daniels said Rush indicated a hope and ambition to serve on the court for many years, which he said would be important to foster the court’s reputation for continuity.

Rush’s application to the Indiana Judicial Nominating Commission can be viewed on the court's website.

Rush will replace Sullivan, who retired from the court July 31 to teach at Indiana University Robert H. McKinney School of Law. Since Sullivan’s retirement, the court has issued just one opinion.

When Rush will join the Supreme Court is uncertain. A formal robing ceremony has not been set. Rush said she must clear her active caseload in Tippecanoe County, and Dickson said the Supreme Court will appoint a temporary judge to fill in until Daniels names a replacement.

Rush will join Myra Selby as Indiana’s only other female justice. Selby served on the Supreme Court from 1995 to 1999.

Rush is Daniels’ third appointment to the five-member panel, having previously named justices Steven David to fill the vacancy created by the retirement of Justice Ted Boehm and Mark Massa to succeed former Chief Justice Randall Shepard, who stepped down this year.

The other finalists were Hamilton Superior Judge Steve Nation and attorney Geoffrey Slaughter.


 

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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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