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

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

49. After

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