Ten Things You Didn’t Know About the Indiana Supreme Court - PowerPoint PPT Presentation

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

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  1. Ten Things You Didn’t Know About the Indiana Supreme Court Summer in the City June 15, 2009

  2. 1. We Take Cash!

  3. 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

  4. Playing Judicial Chairs

  5. 3. First Female, First African-American Justice Hon. Myra Selby 103rd Justice 1995-1999

  6. 105 Justices or Judges have served on the Court since territorial days • Some interesting folks: • For more information: • courts.in.gov

  7. Jeremiah Sullivan 8th Judge 1837-1846

  8. Thomas L. Smith 10th judge 1847-1853

  9. Samuel Perkins 9th Judge 1846-1865 & 1877-1877

  10. Alvin P. Hovey 14th Judge 1854-1855

  11. Horace Porter Biddle 26th Judge 1875-1881

  12. John Wesley McBride 39th Justice: 1890 - 1893

  13. John Vestal Hadley 48th Judge 1899 - 1911

  14. Clarence R. Martin 66th judge 1927-1933 Ed Martin Sr.

  15. Curtis Grover Shake 72nd Judge 1938 -1946

  16. Frank Richman 74th justice 1941-47

  17. Frederick Landis Jr. 86th justice 1955-1956

  18. James A. Emmert 79th Judge 1946-1959

  19. Isadore Edward Levine 85th Justice 1955

  20. Roger O. DeBruler 95th Justice 1968-1996

  21. 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)

  22. The Players Atterburn, J. Hunter, J. Lewis, CJ Jackson, J.

  23. 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.”

  24. 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.”

  25. 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.”

  26. Benjamin Harrison Michael Kerr

  27. 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

  28. 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

  29. 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.”

  30. 7. Six “Homes” for the Supreme Court

  31. Territorial Capitol

  32. Capitol in Corydon

  33. Marion County Courthouse

  34. First Indianapolis State Capitol

  35. Indiana Judicial Building

  36. Current State House

  37. 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.

  38. 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.

  39. 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).

  40. 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.”

  41. 9. From Law Clerk to Chief Justice 96th Justice 1970 - 1995

  42. 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

  43. 11. Time Flies Isaac Blackford William Combs 36 years 1 month

  44. 12. We Manipulate the Media

  45. Before

  46. After

  47. 15. We Have A Motto Supremum Jus Lege Suprema