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Hickey: With Liberty and Justice for All

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IBA-Hickey-ChristineI pledge allegiance to the flag. Authored by Francis Bellamy in 1892, the Pledge of Allegiance was first recited by schoolchildren in October of that year following a proclamation by President Benjamin Harrison. The Pledge has undergone four revisions since that time, and in 1923, the original “my Flag” was changed to “the Flag of the United States” for the benefit of new immigrants.

In 2010, the United States District Court for the Southern District of Indiana will conduct 36 naturalization ceremonies. IBA members have agreed to represent the Bar in these ceremonies, providing words of welcome and presenting each new citizen with a book on the Constitution and a voter registration card for use in exercising their new right to vote. That the experience is moving is evident from the remarks of IBA members who have participated on behalf of the Bar.

Of the United States of America. People come from near and far to become citizens of our great nation; from young adults full of hope for things to come to the weathered immigrants who have waited a lifetime to call America their home.

It was interesting how the ceremony had the effect of renewing my own pride of being a U.S. citizen. One of the oldest people being sworn in yelled out ‘YES!’ as he was receiving his certificate. Joshua Casselman, Rubin & Levin, P.C.

I enjoyed [the ceremony] very much. There was a 60-something woman from the Ukraine who was brimming with pride. Her photo with the judge was a family affair. Peyton L. Berg, Bose McKinney & Evans LLP

And to the republic for which it stands. That there is no greater body for “the people” can be seen in the eyes of those taking the oath of allegiance.
 

naturalization U.S. Magistrate Judge William G. Hussman presided, Ct Appeals judge Mark Bailey represented the Indianapolis Bar, and George Rubin of Rubin & Levin took Daniel Webster students to witness new citizens being naturalized.

The huge smiles on the faces of the new citizens should be a reminder to those of us who may take our citizenship for granted just what a coveted and precious right it is. We who, just by the luck of birth, happen to be citizens without any effort on our own part, would do well to recognize the enormous effort and determination it takes for someone to become a United States citizen by choice. It should make us humble and ever more appreciative of our privileges and responsibilities as citizens. That was certainly the experience I had after participating in the naturalization ceremonies. Cynthia M. Locke, Stewart & Irwin, P.C.

One nation, under God, indivisible. In the final revision to our Pledge, and based on Lincoln’s use of the phrase in the Gettysburg Address, the words “under God” were added on Flag Day in 1954. That we are a nation of one, indivisible, is confirmed by these ceremonies.

Judge McKinney noted for the newly admitted citizens that the US constitution says “We the people….” not “I the person….”. I found that to be a very astute observation. There were new citizens there from Haiti, Vietnam, Mexico, Nigeria, South Africa, England, Iran, Nepal, Venezuela and many others. It was a great day to be a representative of the legal profession and the IBA. Lori A. Torres, Commissioner, Indiana Department of Labor

With liberty and justice for all.

In 30 years of litigating in federal court, it’s the only time I’ve ever seen a member of the federal judiciary smiling while sitting on the bench for an hourlong proceeding! One minute the judge was offering to swap robes with a Tibetan monk who was becoming a new American citizen, and the next he was reciting lyrics from an old Willie Nelson song.

The ceremony is quite moving – if it doesn’t put a lump in your throat, you don’t have a heartbeat. As a fourth generation Hoosier and American, I couldn’t help but imagine what it might have been like when my great grandparents raised their right hands to take the oath of citizenship in a thick German accent back in the late 1800s. The racial, ethnic, cultural and religious diversity of those new citizens was rivaled only by the variety of facial expressions as I shook the hand of each in congratulations. When I walked out that ceremony, I felt extremely proud to be an American and a lawyer. David J. Theising Harrison & Moberly, LLP

Thank you to all of the IBA members who represent our profession and our Bar at these ceremonies. I wish you all a happy, safe, and thoughtful Independence Day.•

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. 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...

  5. 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

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