ILNews

UPDATE: 5 appellate jurists seek retention

Michael W. Hoskins
January 1, 2008
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All of Indiana's appellate jurists facing retention this year will appear on November's ballot.

Facing a Tuesday deadline to file retention paperwork, the five jurists told Indiana Lawyer they hope to return to the Indiana Supreme Court, Court of Appeals, or Tax Court. Chief Justice Randall T. Shepard, Justices Theodore R. Boehm and Brent E. Dickson, Court of Appeals Judge Carr Darden, and Tax Court Judge Thomas G. Fisher are up for retention.

The Indiana Secretary of State's Election Division reports that all five have filed paperwork for retention, and all have confirmed they'd like to return to their respective courts, including Justice Dickson who had said he was weighing the decision.

Turning 67 this week, Justice Dickson said the fact that he will be approaching the mandatory retirement age during the next 10-year term was a key reason for questioning whether he'd stay on another term, if retained. Much of his decision-making involved primarily "husband-and-wife discussions" but also involved him consulting his faith and deciding what was the best way to continue doing what he enjoys the best.

"This seems to be where I'm supposed to be," the Gary native said about the high court. "For me and my wife, it was abundantly clear that continuing to serve, if voters choose to keep me, is the best place for me to be. This is where I can best encourage lawyers in civility and professionalism, and participate in decisions and be a voice for whatever I'm a voice for."

The same goes for Chief Justice Shepard, who said he hadn't given much thought to life after the Supreme Court at this point and is ready to continue serving.

"I will stay as long as I'm useful and I'll know when that moment arrives," he said.

If all five are retained, only Chief Justice Shepard will be able to fulfill the 10-year retention term as the others will hit the mandatory retirement age of 75.

Read more about the retention issue in the July 23-Aug. 5, 2008, edition of Indiana Lawyer.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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