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Ten Things You Didn’t Know About the Indiana Supreme Court Summer in the City June 15, 2009 1. We Take Cash! 2. Age Before Beauty? Not in the Supreme Court Conference Room Voting order determined by reverse seniority Justice Robert Rucker goes first; Chief Justice Shepard votes last

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Ten Things You Didn’t Know About the Indiana Supreme Court

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Ten Things You Didn’t Know About the Indiana Supreme Court

Summer in the City

June 15, 2009


1. We Take Cash!


2. Age Before Beauty?

  • Not in the Supreme Court Conference Room

  • Voting order determined by reverse seniority

  • Justice Robert Rucker goes first; Chief Justice Shepard votes last


Playing Judicial Chairs


3. First Female, First African-American Justice

Hon. Myra Selby 103rd Justice

1995-1999


  • 105 Justices or Judges have served on the Court since territorial days

  • Some interesting folks:

  • For more information:

  • courts.in.gov


Jeremiah Sullivan

8th Judge 1837-1846


Thomas L. Smith

10th judge 1847-1853


Samuel Perkins

9th Judge 1846-1865 & 1877-1877


Alvin P. Hovey

14th Judge 1854-1855


Horace Porter Biddle

26th Judge 1875-1881


John Wesley McBride

39th Justice: 1890 - 1893


John Vestal Hadley

48th Judge 1899 - 1911


Clarence R. Martin

66th judge 1927-1933

Ed Martin Sr.


Curtis Grover Shake

72nd Judge 1938 -1946


Frank Richman

74th justice 1941-47


Frederick Landis Jr.

86th justice 1955-1956


James A. Emmert

79th Judge 1946-1959


Isadore Edward Levine

85th Justice 1955


Roger O. DeBruler

95th Justice 1968-1996


  • Justice Three Ways

  • Appointed Oct. 1, 1968

  • On Ballot in 1970

  • Retained by Voters

  • Only Justice to cite the State Poem; See: Williams v. State, 256 N.E.2d 913, 918 (Ind. 1970)


The Players

Atterburn, J.

Hunter, J.

Lewis, CJ

Jackson, J.


4. They Can’t Drive 55

  • Indiana Code FORBIDS the state from providing vehicles to appellate judges:

  • IC 33-38-5-8(e)

  • “The state may not furnish automobiles for the use of justices or judges compensated under this section.”


The Trade-Off

  • annual subsistence allowances

  • (1) $5,500 to the chief justice

  • (2) $5,500 to the CA chief judge

  • (3) $3,000 to each justice

  • (4) $3,000 to each court of appeals judge

  • “A justice or judge is not required to make an accounting for an allowance received under this subsection.”


5. Our Court was Mean to Benjamin Harrison

  • Only Hoosier in the White House

  • Was “Reporter” of the Supreme Court; elected position until 1970

  • Left to serve as Colonel in the Union Army; appointed deputy reporter

  • Court declared office “abandoned”

  • Democrats nominated replacement; Michael Kerr elected in 1862

  • Supreme Court (all Democrats) held Colonel and Reporter were two “lucrative offices.”


Benjamin Harrison Michael Kerr


  • Constitutional “No-No” (Art.2, Sec.9)

  • “The acceptance of the latter office vacates the former.”

  • Kerr v. Jones, 19 Ind. 351 (1862)

  • Pardoned in 2003 by current court:

  • www.in.gov/judiciary/press/2003/0226.html

  • Last case of “politics” in Court’s history


6. You have a Constitutional Right to “Scalping”

Kirtley v. State, 84 N.E.2d 712 (Ind. 1949).

  • State Basketball Final tickets

  • Mr. Kirtley offered them for sale

  • “at a price which was greater; to wit: $25; than the original price; to wit: $3”

  • contrary to a 1925 statute: §10-4913 Burns’ 1942 replacement


Art. 1, § 1 “personal liberty” clause

“If the law prohibits that which is harmless in itself…it is the duty of the courts to declare such a law void.”

  • The statute in question interferes with the liberties, the personal and property rights of the ticket owner and has no relation to the protection of public health, morals, safety or welfare. It cannot be justified as a proper exercise of police power.”


7. Six “Homes” for the Supreme Court


Territorial Capitol


Capitol in Corydon


Marion County Courthouse


First Indianapolis State Capitol


Indiana Judicial Building


Current State House


8. We’re Ahead of “the Big Court”

  • State v. Lasselle, 1 Blackf. 60 (Ind. 1820) Indiana Constitution of 1816 bans slavery in Indiana.

  • Armstrong v. Jackson, 1 Blackf. 374 (Ind. 1825) right to a trial by jury in civil cases

  • Webb v. Baird, 6 Ind. 13 (1854) right to counsel in criminal cases 109 years before Gideon v. Wainwright

  • In re Leach, 34 N.E. 641 (1872) women admitted to practice; U.S. Supreme Court concluded women were “not suited” to be lawyers.


  • Callender v. State, 138 N.E. 817 (Ind. 1922) exclusion of evidence from illegal search predates Mapp v. Ohio by 38 years.

  • Bolkovac v. State, 98 N.E.250 (Ind. 1951) right to jury and counsel in misd. cases

  • Adams v. State, 299 N.E.2d 834 (Ind. 1973), banned surgery as an intrusive search 12 years before U.S. Supreme Court.


  • Falkenburgh v. Jones, 5 Ind. 306 (1854) -right to obtain a free transcript of trial to pursue a criminal appeal.

  • U.S. Supreme Court followed with Griffin v. Illinois, 351 U.S. 12 (1956).


  • Miller v. State, 517 N.E.2d 64 (Ind. 1987), Ind. requires “face to face” confrontation; US Constitution has a more general right to “be confronted with the witnesses.”


9. From Law Clerk to Chief Justice

96th Justice 1970 - 1995


10. Rogues Gallery

  • 105 Justices

  • Depictions of all but two

  • John Johnson, 2nd judge, 1816-1817

  • John T. McKinney, 5th judge, 1831-1837

  • 9 Oil paintings

  • 28 Drawings

  • 68 Photographs


11. Time Flies

Isaac Blackford William Combs

36 years 1 month


12. We Manipulate the Media


Before


After


15. We Have A Motto

Supremum Jus Lege Suprema


16. We Like Colorful Language

  • You can swear at the police and get away with it.

  • Price v. State, 622 N.E.2d 954 (Ind. 1993).

  • Her foul language was “political speech,” which is a “core value” of the Ind. Const.

  • Still Good Law Today:


U.M. v. State, 827 N.E.2d 1190 (Ind. Ct. App. 2005) (May 26, 2005)


17. We Actually Like the Legislature

  • State ex rel Masariu v. Marion Superior Court No. 1, 621 N.E.2d 1097 (Ind. 1993).

  • “This Court has held repeatedly that courts should not intermeddle with the internal functions of either the Executive or Legislative branches of Government.”

  • City of South Bend v. Kimsey, 774 N.E.2d 510 (Ind. 2002).

  • We were just trying to help.


18. We only change the carpet every 98 years.


19. Our Justices Are Quite Unique

  • Which justice threw out the first pitch at a professional baseball game and sang “Take Me Out to the Ballgame” during the seventh inning stretch?

Hon. Randall T. Shepard


Which justice clerked for U.S. Supreme Court Chief Justice Earl Warren?

Hon. Theodore “Ted” Boehm


Which justice still plays piano with his college buddies?

Hon. Brent Dickson


Which justice completed the Boston Marathon?

Hon. Frank Sullivan


Which justice served during the Vietnam War?

Hon. Robert Rucker


20. We Do Rap

  • Nelson v. State, 465 N.E.2d 1391 (Ind. 1984)

  • Justice Hunter

  • He was moved to verse:


We Still Like Poems

  • Hon. L. Mark Bailey, Greensburg, author of Gregory v. State, 885 N.E. 2d 697 (Ind. Ct. App. 2008).

  • Prosecutor read “Meth Poem” at voir dire

  • Court of Appeals upheld; no misconduct

  • Ind. Sup. Court denied transfer, w/ dissent by Justice Rucker, Dickson, J., concurring, Feb. 4, 2009.


21. We Do Weddings

  • Courtroom Bar Admission Ceremony

  • Jan. 7, 1984

  • One lawyer to be admitted was also wed

  • Performed by Chief Justice Givan

  • One Witness’ comment:

  • I can attest that it takes a longer time to get "sworn in" than it does to get married!


Sources

  • Some of this stuff I just made up.

  • Patrick Baude, Is There Independent Life in the Indiana Constitution?, 62 Ind. L.J. 263 (1987).

  • Randall T. Shepard, Second Wind for the Bill of Rights, 22 Ind. L. Rev. 575 (1989).

  • Kenneth M. Stroud, Justice DeBruler and the Dissenting Opinion, 30 Ind. L. Rev. 17 (1997).

  • Jon Laramore, Indiana Constitutional Developments: The Wind Shifts, 36 Ind.L.R. 961 (2003).

  • Jennifer Hodge, State House Tour Office.


Sources

  • Dr. Elizabeth Osborn, Assistant for Public Information and Court History

  • Hon. Frank Sullivan

  • Hon. Randall T. Shepard


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