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Supreme Court review focuses on Shepard's legacy

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The Randall Shepard era of Indiana’s Supreme Court is over, but in his last full year on the court, the former chief justice continued a legacy of consensus building and restoring primacy to the state Constitution.

Those are among the conclusions of an annual Supreme Court review for 2011.

“One of the things that always intrigued me is the degree of consensus Chief Justice Shepard often was able to garner,” said Jason Stephenson, a Barnes &Thornburg partner. With fellow partner Mark Crandley and associate Jeff Peabody, Stephenson is a co-author of “Examination of the Indiana Supreme Court Docket, Dispositions and Voting in 2011.”

The draft report cites the court’s consensus as a hallmark. “The justices of the Shepard Court departed from the majority when they were compelled to do so, but division on the court under Shepard’s leadership was the exception, not the norm.”

Stephenson said Shepard seemed to be leaving his mark on the court in his final couple of years, taking it upon himself to author more opinions than any other justice during that time.

The Indiana Constitution was the nondisciplinary issue most frequently addressed by justices in 2011, according to the report, following a trend occurring in the prior five years. The Shepard court might have prompted a cultural change in the Indiana bar so that lawyers and judges now properly view constitutional law in terms of a dual state and federal system, the draft report says.

“I almost think that will be the most significant mark left by the Chief Justice Shepard era on the court,” Stephenson said.

The review also noted a shift in the type of cases heard during Shepard’s time leading the court. A court once “bogged down in numerous (and often routine) criminal appeals” handled a caseload in 2011 in which only 45 percent of appeals were criminal.•

Click here to download the complete Supreme Court Focus article, which includes a breakdown of voting numbers by the justices.

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  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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