ILNews

Morris: Shepard's legacy is transparent government

Greg Morris
February 29, 2012
Keywords
Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

ADVERTISEMENT