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Morris: Shepard's legacy is transparent government

Greg Morris
February 29, 2012
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morris-commentaryI know a lot has been written recently about retiring Indiana Supreme Court Chief Justice Randall Shepard. The press coverage has been a glowing review of his service to Indiana residents. In fact, over the years, I’ve never heard a disparaging word about Randall Shepard. And I say — deservedly so. It has been my honor to know him.

So, I was pleased when the Hoosier State Press Association recently honored Shepard with a Frank O’Bannon Sunshine Award for his support of open government. I can’t think of a more deserving recipient.

With many state legislators observing, Judy O’Bannon, the late governor’s wife, presented the award symbolizing transparency in government to Shepard during a luncheon at the HSPA Annual Meetings and Government Conference at the Indianapolis Marriott Downtown on Feb. 16.

Shepard’s efforts to help Hoosiers understand how the court system works were lauded by O’Bannon, an owner of The Corydon Democrat newspaper, which nominated the jurist for the honor. The O’Bannon Sunshine Award, first awarded in 2005, honors an individual, group or organization demonstrating outstanding effort to protect and enhance open government in Indiana.

“Some people think the press only reports the bad news — the one bad apple in a barrel of good public officials and employees,” said HSPA executive director and general counsel Stephen Key. “The Frank O’Bannon Sunshine Award honors that golden apple — those public servants or citizens who understand that our government should be transparent to the people it serves.”

The Corydon Democrat’s nomination, submitted by Publisher Jon O’Bannon, included the following testimonial:

“Chief Justice Randy Shepard has articulated the belief that newspapers and the judiciary have a symbiotic relationship. The judiciary needs the coverage of its operations and decisions to help strengthen its role as one of the three equal branches of government, each serving as a counterweight to the other two branches. The judiciary is dependent upon the opinion of the courts by the people to give it the strength to fulfill its role, and the press is a key factor in giving the public information to form its opinion of the court system. Meanwhile, the press is reliant upon the judiciary to protect its newsgathering ability through First Amendment-related decisions. If the court doesn’t support the freedom of press, newspapers’ ability to serve as a government watchdog could be severely curtailed.

“With that view, the chief justice has taken steps to make the workings of the judiciary more transparent. Under his watch:

“n Media cameras are allowed in the appellate courts, and arguments are webcast across the Internet.

“n The Supreme Court has approved one pilot project allowing cameras in trial courtrooms and is considering a new project (approved since this nomination).

“n The Supreme Court updated its Administrative Rule 9 to take into account issues raised by a digital environment.

“n The Supreme Court issued an order reducing the incidence of trial court judges agreeing to draw a veil of secrecy around specific cases.”

Before closing, I want to take the opportunity to tout some of the chief justice’s work on a topic near and dear to me — civic engagement. Shepard has been very active in this area. The Indiana Supreme Court runs Courts in the Classroom to help educators, students, historians and interested citizens learn more about the history and operation of Indiana’s judicial branch.

Also, Shepard has been involved with the Indiana Civic Health Index project, which examines behaviors and attitudes of Hoosiers regarding civic life and explores resources and impediments that affect how citizens of Indiana participate in civic life. As an example, the information obtained in this report can help us design and implement strategies to improve voter turnout.

Shepard’s impending retirement is certainly a great loss to the court and comes on the heels of Justice Ted Boehm’s retirement in late 2010. The combined knowledge, experience and talent of these two remarkable men cannot be overstated. One bit of good news is that Boehm vowed not to disappear in retirement, and that has been the case. We can only hope and believe the same will be true of Chief Justice Randall Shepard.

Best of luck, chief justice, and congratulations on receiving the Frank O’Bannon Sunshine Award. Thanks for your outstanding service, and thank you for your efforts in protecting and enhancing open government in Indiana.•
__________

Greg Morris is publisher of Indianapolis Business Journal, sister publication to Indiana Lawyer. To comment on this column, send email to gmorris@ibj.com.

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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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