Issue 27.1 | SPRING 2018

A HOPE-FILLED FUTURE ARTICLES

State of the Judiciary 2

Judicial Selection in Marion County 7

Indiana Bar Foundation Honorees 8

Customer Service in Courts 9

2017 Winter Workshop 11

The Legacy of Vivian Bridgeforth Smith 12

IOCS Program Grants 17 A HOPE-FILLED FUTURE COLUMNS

BITS & BYTES On January 10, 2018, Chief Justice of Indiana delivered Electronic Filing 6 her fourth address on the State of the Judiciary to a joint session of the Indiana General Assembly. SPOTLIGHT Judiciary Highlights 10 Highlights of the speech follow. Chief Justice Rush reported that the We also invite you to read the judicial branch is renewed, respected, SIDEBAR entire text, watch the video, and resolved - in a word, strong. Honorable David N. Riggins 14 and view photographs at: In 2017, there were 1,316,714 cases FAMILY VIOLENCE courts.in.gov/supreme/2570.htm filed in our trial courts ranging from Intimate Partner Violence business litigation to foreclosures, from in the LGBTQ Community 16 The Supreme Court Justices and Court family violence to property rights, from of Appeals Judges were greeted by human trafficking to elder abuse and, of ASK ADRIENNE escorts from the House and Senate, course, the drug crisis. Judicial Selection & Disqualification 18 including Representatives Jim Baird, Sheila Klinker, Robin Shackleford, Tom Washburne and Senators Aaron The Drug Crisis Freeman, Tim Lanane, Victoria Spartz, In preparing her remarks, the Chief and . Guests, media, elected Justice asked the Governor and officials, and over 60 trial court judges legislative leaders for their input. The were present. Lt. Gov. common question: how is the judiciary called the session to order. addressing the opioid crisis?

Before the address, those present saw Addiction has swept into every community a montage of photos from the happiest and is flooding every court—not just in day in court: Adoption Day. The Supreme Indiana, but across our country. Rush, Court allowed the use of cameras in who was recently appointed co-chair of court for those proceedings to capture the National Judicial Opioid Task Force, the hope-filled faces of some of the 220 reported that this crisis requires using children in 33 Indiana courthouses who well-reasoned, evidence-based judicial joined their forever families in one of interventions to get people to treatment, the most adoption-friendly states in the give consequences, cut the supply, country. support families, and save lives.

2 SPRING 2018 courttimes Photos by Patrick McCauley and Jonathan Hawkins The Indiana judiciary is responding to the opioid crisis by:

• Convening teams from each county to participate in extensive training on treatment for substance use disorder;

• Developing a judicial toolbox for effective and evidence-based court-ordered drug treatment;

• Extending the reach of problem-solving courts, which will number over 100 by the end of this year;

• Advancing drug courts in child welfare cases that involve the entire family in the parents’ treatment;

• Expanding our corps of CASA volunteers to support the children of parents swept up in the horrors of addiction;

• Supporting community corrections, pretrial, and jail- based programs so treatment begins as early as possible; Opposite: Adoption Day photographs are shown on the monitors in the House Chamber prior to the • Leveraging court technology to start of the speech. Above: State leaders listen as Chief Justice Loretta Rush delivers the State of the Judiciary address in the House Chamber. slow the supply of drugs from hitting Indiana streets; and The Office of Personnel and Operations, after which the Court adopted a rule to allow • Supporting efforts to expand led by Brenda Rodeheffer, worked to move judges to operate across county lines to treatment and prevention administrative offices closer to the State provide assistance where needed. Judges House at a lower rent. are also crossing county lines to develop programs in our communities. regional drug or veterans courts as they The Indiana Office of Court Services have in Warren and Fountain counties. combines the former Indiana Judicial Center and Division of State Court Modernizing Indiana’s Administrative Restructuring Administration, streamlining interactions with judges and maintaining high-caliber Judicial Branch The Court completed an extensive training and programming. Rush touted 24/7 access to the courts restructuring by consolidating Court through electronic filing and an integrated agencies into a single Office of Judicial The Court combined Continuing Legal case management system. Each week Administration under the leadership of Education and the Board of Law Examiners 100,000 documents are electronically filed, Chief Administrative Officer Mary Willis. into the highly effective Office of Admissions and 71% of all new cases are in one case and Continuing Education, celebrating 30 management system, with the goal of the Chief Financial Officer Aaron Hood serves years of legal education for Indiana’s 20,000 entire state to be electronically filing within as a single point of contact for all fiscal practicing lawyers and judges. matters. The Indianapolis Business Journal the next year. recently honored him as a top government Cass County Judge Rick Maughmer led CFO. an in-depth study of judicial resources, CONTINUED ON NEXT PAGE

courttimes SPRING 2018 3 CONTINUED FROM PREVIOUS PAGE Photos by Patrick McCauley

Trial court judges, guests, and Supreme Court staff fill the House Chamber gallery during the State of the Judiciary address.

A Wiser Judicial Branch Indiana’s judicial branch is staying ahead of Court data sharing efforts include: the challenges faced through commitment to rigorous education and training programs • Tracking 7,000 new for judges and their staffs. adult guardianships; Training initiatives have been led by Jane • Reporting 11,000 mental- Seigel, who is retiring after 20 years of health adjudications to the FBI; service. In this past year alone, training sessions were presented on criminal • Submitting 900,000 protection justice reform, increased needs of our elderly, technology, civil justice reform, orders to the registry; commercial courts, substance abuse • Giving policymakers an analysis treatment, racial bias, juvenile justice, child welfare, domestic violence, bail reform, of nearly 300,000 felony cases problem-solving courts, and more. to help guide criminal code reform; and Well-trained Court Appointed Special Advocates, or CASAs, are more crucial than Retiring Indiana Office of Court Services • Providing the Department of ever. In 2017, the CASA program served Executive Director Jane Seigel receives a the second-highest number of children in standing ovation from guests and state leaders Education with 40,000 cases so during the 2018 State of the Judiciary address. the country—26,000 children. they are aware of convictions that would disqualify a person Problem-solving courts increased by 10% Meeting the Justices from teaching children. in the past year with 87 currently and 15 more being developed. These courts require In fiscal year 2017, the Court reviewed pioneering judges, supportive communities, 885 cases, issued 73 majority opinions, and tremendous training resources that are and held 59 oral arguments. Traveling crucial for addressing the drug crisis. arguments took place at Gary Roosevelt Pharmacies also use Indiana criminal data High School and the University of Southern to prevent the sale of medicines used to In Grant County, Judge Dana Kenworthy Indiana in Evansville. The Indiana Court of make methamphetamine. The 42,700 established the specialized Family Appeals recently held their 500th traveling people named in the system will not be Recovery Court to include not just the argument—a milestone worth celebrating. able to buy the meth precursors to cook addicted, but also their children—the and sell more drugs. hidden victims of this drug crisis.

4 SPRING 2018 courttimes In 1995, Slaughter was recruited back to Indiana by the Attorney General’s Office to help oversee the state’s antitrust- enforcement efforts and to prosecute the state’s claims against the tobacco industry. With his work complete at the AG’s office in 2001, he began a 15-year career at an Indianapolis private law firm litigating disputes including environmental, antitrust, securities fraud, commercial, and constitutional cases.

Justice Christopher Goff Justice Christopher Goff joined the Court in July after having served as Wabash County Superior Court Judge for 12 years. His legal practice involved ordinary clients with everyday legal issues including domestic relations, criminal matters, wills, Associate Justices of the greet legislators upon entering the House Chamber. estates, and small business needs. As Judge, he was instrumental in “We’re relatively new—especially compared Justice Mark Massa implementing three certified problem- to the 11-year span when there was no Justice Mark Massa began working in solving courts, and he led the Protection change in Court membership. You might call the State House as a speechwriter for Order Committee. Justice Goff is devoting that the ‘Fab Five’ era of Justices Shepard, Governor Robert Orr. He attended law time to the Public Defender’s Task Force Dickson, Sullivan, Boehm, and Rucker. But school in the evenings and earned a and is leading our Problem-Solving Courts your new Court brings a combined 150 years clerkship with Chief Justice Randall Committee. of legal and judicial experience. Our greatest Shepard. strength is our collective decision-making Goff inspired many at his robing ceremony: ability,” Rush stated during her address prior Massa’s legal career continued for 15 “Today we are gathered to celebrate to introducing each of her colleagues on the years as a state and federal prosecutor. the fact that someone born to teenage bench. He helped establish Marion County’s parents, married to the daughter of first drug court in 1998, and worked on migrant workers, and from a remote part Justice Steven David counterterrorism efforts as an Assistant of the state has been selected to serve Justice Steven David, native Hoosier and a United States Attorney. During his career, on Indiana’s highest court. That gives me highly distinguished 28-year Army veteran he prosecuted cases ranging from a sense of hope because, if such a thing with tours of duty in Iraq, Guantanamo Bay, misdemeanors to murder. is possible for me, why should it not be Panama, and Germany. Colonel David was possible for any child?” awarded the Defense Superior Service He served as General Counsel to Governor Daniels and enjoyed the task of vetting Award. He leads Indiana’s expansion of Looking to the Future veteran’s courts. 34 judicial appointments across the state. Justice Massa chairs the new Marion The Chief Justice concluded her speech David’s 22-year judicial career followed County Judicial Selection Committee. by agreeing with Justice Goff’s sentiment. nine years as corporate counsel and as “We began today looking at the hope-filled a private practice attorney. As an elected Justice Geoffrey Slaughter faces of children in courthouses across the judge in Boone County, he oversaw Justice Geoffrey Slaughter earned his state. With this new Court, our appellate thousands of trials involving business law degree and MBA in finance from and trial court colleagues, and unified disputes, juvenile and family matters, the Indiana University. His 29-year legal career staff, I stand before you with confidence death penalty, and class actions. spans state and federal court with cases that your courts are ready to meet the challenges ahead. The state of your He is committed to juvenile justice reform, ranging from complex business disputes to capital murder, including practice at a judiciary is strong, and we are filled with leading the Juvenile Detention Alternatives hope for the future.” Initiative, and also leads court technology large Chicago law firm where he handled and the newly created Coalition for Court commercial, bankruptcy, and antitrust Access. matters.

courttimes SPRING 2018 5 BITS AND BYTES BY MARY L. DEPREZ | DIRECTOR AND COUNSEL FOR TRIAL COURT TECHNOLOGY Electronic Filing A GAME CHANGER ON HOW COURTS CONDUCT BUSINESS

ndiana’s Statewide e-filing project The complete schedule of counties began in August 2015 when where e-filing is currently available Hamilton County took a leap of 2017 E-Filing can be found at courts.in.gov/efile. Ifaith and became the first county to by the Numbers test drive e-filing in their trial courts. Indiana’s e-filing model allows the We have made great strides since public to choose from several e-filing then but continue working to achieve 76 service providers. The Supreme Court the goal of statewide e-filing. We are counties participating, offers a free plan, and the Court has pleased to report that we are ahead as well as the Supreme Court, certified participation by 11 other of our target date of making e-filing Court of Appeals, and Tax Court providers. available in every county before the On January 10, Chief Justice Loretta end of 2018. Rush highlighted these advancements 24,213 during the State of the Judiciary: Clinton, Howard, Lake, Miami, user accounts Pike, Putnam, Wayne, and Wabash "In the past year we made extensive counties are among the next counties progress in modernizing Indiana’s to convert to the Odyssey Case 4,408,146 judicial branch; it is a game-changer. Management System. These counties documents filed We are providing 24/7 access to are delayed due to the conversion of containing 11,688,456 pages the courts through electronic filing their legacy case management system. and an integrated case management As soon as court and clerk staff system. The transformation of how have transitioned to Odyssey, court 11 we do business is astounding: each technology will return to the county Electronic Filing week 100,000 documents are now to implement Odyssey Task Manager. Service Providers electronically filed, and 71% of all new Odyssey Task Manager allows the cases are in one case management courts and clerks to send ‘paperwork’ system. With the rapid expansion of e-filing, electronically through work queues. “Think of the time and cost savings. we have witnessed a doubling of the Litigants can find their case status on In addition, Task Manager number of documents that are e-filed their phones instead of missing work allows judges to sign documents each month. When e-filing becomes to go to the courthouse. And tens of electronically, and judges and available in a county, participation millions of pages no longer need to be clerks can file-stamp documents if is strictly voluntary. Sixty days later copied, stamped, and physically filed. necessary. e-filing is mandatory for all attorneys. Our goal is for the entire state to be Almost every type of case may now electronically filing within the next be e-filed and work continues to make year." e-filing available for all cases.

For additional information on Odyssey or e-filing, please contact Mary DePrez at (317) 234-2604 or [email protected].

6 SPRING 2018 courttimes BY THE HONORABLE MARK S. MASSA | JUSTICE, INDIANA SUPREME COURT AND THE HONORABLE CALE J. BRADFORD | JUDGE, INDIANA COURT OF APPEALS Judicial Selection in Marion County A busy year awaits the newly created Marion County Judicial Selection Committee (MCJSC). Pursuant to 2017 legislation, the state’s largest county now joins Allen, Lake, and

St. Joseph counties in using merit Photo by Rachel Anderle selection to identify candidates for gubernatorial appointment to the local Superior Court. Here’s how we got here, and how it will work: An aberration from traditional voting The inaugural meeting of the Marion County Judicial Selection Committee, which Supreme Court results in the 1974 post-Watergate Justice Mark Massa chairs and Court of Appeals Judge Cale Bradford vice-chairs. elections led to a compromise between the two major political Indiana Supreme Court Justice, with a via website. The process for 2018 will parties in a subsequent legislative Court of Appeals Judge as vice-chair, begin in March. session, dividing the Marion Superior and 12 other members representing a Secondly, when vacancies occur Court, first with rough equivalence, diverse and bipartisan cross-section on the Superior Court, the MCJSC and then (after 2005) with absolute of the community, the bar, and its is to conduct public interviews of equal partisan balance. various constituencies (including civil and criminal, plaintiffs and defense). candidates and submit a list of three For the past 40 years, judicial candidates finalists from which the Governor of both parties were “slated” at the Diversity on the bench is explicitly must make the appointment. winter county political conventions listed in the legislation as part of the Three incumbents have decided to by delegates comprised of precinct Committee’s charge; five of the 14 not seek retention in November, so committeeman and party leaders. members are African-American, six are women. the MCJSC will have to attend to both Those not slated could “run against of its primary responsibilities in its the slate” in the May primary, and on The new legislation maintains the inaugural year, with the Governor rare occasions, non-slated candidates partisan balance on the Marion making his appointments in time secured a spot on the fall ballot. If you Superior Court. Judges will no longer for the new judges to take office on survived the primary (whether “slated” run in elections but will stand for January 1, 2019. or not), your “election” in the fall was retention at the end of their terms, Finally, cooperation within the virtually assured. Terms were for six much like appellate judges. Committee is encouraged by the years and incumbents sought re-slating The MCJSC has been given two requirement of nine votes before in election years to stay in office. separate but equally important tasks. an incumbent is recommended or When federal courts declared the First, it is to interview all incumbents applicant placed on final panel. We slating system unconstitutional, the who wish to stand for retention look forward to leading the MCJSC General Assembly responded by (as many as 16 in 2018, as many and playing some small role in creating the MCJSC, chaired by an as 20 in 2020) and make a public maintaining a tradition of excellence recommendation to be disseminated in the Marion Superior Court.

courttimes SPRING 2018 7 15 Honored for Outstanding Service to Legal Profession, the Public, and Civic Education

The Indiana Bar Foundation honored a group of servant-leaders at its Award Honoree City December 10 recognition dinner at Randall T. Shepard Award (pro bono) Arthur E. Johnson Indianapolis the Crowne Plaza/Union Station in downtown Indianapolis. The group of Pro Bono Publico Molly E. Briles Evansville attorneys and judges included those Law-Related Education Award Andrew M. Hicks Elkhart dedicated to the delivery of pro bono legal services, civic education, and John Patrick Award (civic education) Drew Horvath Indianapolis service to the legal profession and the Hon. Larry J. McKinney public through community service. William Baker Award (civic education) Indianapolis (posthumously) Whether rooting out public Pro Bono Publico Jessica L. Van Dalen Indianapolis corruption as a United States Attorney for the Northern District of Indiana 2017 Life Fellow David Capp Hammond or starting a program that serves 2017 Life Fellow Karl L. Mulvaney Indianapolis teenagers in a small, southern Indiana town, each honoree had a common 2017 Life Fellow Irwin B. Levin Indianapolis thread through their careers: integrity, perseverance, and commitment to 2017 Life Fellow Terry L. Harrell Indianapolis public service. 2017 Life Fellow Lucy R. Dollens Indianapolis

The Indiana Bar Foundation’s mission 2017 Life Fellow Leanna K. Weissmann Lawrenceburg is to strengthen appreciation for the rule of law and civic education for 2017 Life Fellow David A. Wemhoff South Bend all Hoosiers. The Foundation is a nonprofit that educates tomorrow’s 2017 Life Fellow Hon. Robert L. Miller, Jr South Bend leaders, expands civil justice, and aids 2017 Life Fellow Keith P. Huffman Bluffton the legal profession. Biographies of honorees can be found at http://inbf.org/

JLAP JLAP Executive Executive Director Terry Harrell Director honored accepts Terry Harrell, Executive Director of the Indiana Judges an award from Justice and Lawyers Assistance Program (JLAP), was among Steven nine others honored as a 2017 Life Fellow Nominee. David Harrell’s dedicated leadership of JLAP helped the after being named a program manage nearly 300 calls for assistance in fiscal 2017 Life year 2016-2017. Fellow by the JLAP also presented to nearly 3,000 attendees at 58 Indiana Bar separate presentations during the fiscal year. Information Foundation. about JLAP is available at courts.in.gov/ijlap. Submitted photo

8 SPRING 2018 courttimes BY JILL ACKLIN | EDUCATION ATTORNEY, INDIANA OFFICE OF COURT SERVICES

After providing the tips, the dispatcher devised some mock encounters and fact scenarios for the court staff and Judge Orth. These exercises showed how difficult it is at times to clearly get one’s point across to even the most seasoned court employee. The entire court staff found that taking a step back, putting themselves in the other person’s shoes, and reminding themselves how it feels to be on the other side of the counter was very enlightening. It helps to keep in mind that the “customers” in front of you are often dealing with the most important issue in their life. They are undoubtedly emotional and not always clear in thought. Judge Orth reported that she has already heard her staff using the information that they learned in the training with success, and she is using many of the techniques on the bench. Finally, Senior Judge Barbara Harcourt Photo: istock.com/IPGGutenbergUKLtd observed that many times people come to the courts with a problem and what very day we can provide they are really looking for is a referral to a social service agency. superior customer service to Be firm, yet understanding; the citizens with whom we She recommends having a sheet Ecome into contact—our “customers.” Be empathetic; prepared in advance with telephone Judges are taking innovative numbers for places such as approaches to customer service and Be direct and specific with community mental health centers, are sharing what they have learned. questions to narrow down the required information; the township trustee’s office, anger Often those who speak with court management programs, 2-1-1, and staff are intimidated, afraid, or Repeat statements back other local community resources/ confused by the judicial process. to make sure both of you agencies. She also recommends If the questioner doesn’t have his understand correctly; always giving two referrals to increase thoughts in order, court staff may find the chances that the person will be Ask the person to speak more it difficult to assist the person. Floyd able to locate assistance. slowly if necessary; Superior Court 1 recently sought Every day across Indiana, new and the advice of an expert in handling If you must refer them to pending cases alike bring attorneys, emergencies—a 9-1-1 dispatcher. another office, give them a witnesses, jurors, interested parties, phone number and, possibly, a The dispatcher spoke about how best and litigants to Indiana’s courts. All of contact name to ask for; and to obtain information from people these encounters are opportunities to in distress and diffuse situations. Do not judge or dismiss the practice excellent customer service, According to Judge Susan Orth, the person. and the ideas suggested above can be dispatcher provided the following implemented in courts across the state helpful tips: to better serve all of our “customers.”

courttimes SPRING 2018 9 SPOTLIGHT

Judicial appointments Jamie M. Groves was appointed as Judge of Huntington Kristine (Kristi) A. Osterday was appointed as Judge of County Circuit Court, succeeding Judge Thomas M. Hakes Elkhart County Superior Court 1. Osterday will succeed who retired at the end of 2017. Groves served as chief the late Judge Evan Roberts who passed away in November deputy prosecutor in Huntington County, where he worked 2017. Osterday previously served as magistrate judge in for the past 20 years. Prior to attending law school, Groves Elkhart County and as a deputy prosecutor in the Elkhart worked as a juvenile court probation officer and juvenile County Prosecutor’s Office. detention officer in Porter County. R. Scott Sirk was appointed as Judge of Hancock Circuit Kristen E. McVey was appointed as Judge of Tippecanoe Court, succeeding Judge Richard Culver who retired in County Superior Court 5. McVey will succeed Judge Sean October. Sirk served as commissioner for Hancock County Persin who was appointed as Circuit Court Judge and took courts for the past eight years and was previously the chief office on January 1. McVey previously served as the chief deputy prosecuting attorney, a public defender, and a part- deputy prosecutor in Tippecanoe County for 10 years and also time commissioner in Hamilton County. served two years as chief deputy prosecutor in Carroll County.

New IOCS Executive Director Court family mourns loss Mary Willis, Chief The HonorableLarry L. Administrative Officer of the Ambler, Magistrate of the Indiana Supreme Court’s Office St. Joseph Circuit Court, of Judicial Administration, Submitted photo died unexpectedly on Photo by Nita Wright Photo by Nita announced that Indiana Office February 14. He was 71 of Court Services (IOCS) years old. Deputy Director Justin Forkner has been promoted to Executive A graduate of St. Joseph Director. The position was High School, University previously held by Jane Seigel, of Dayton, and the who announced her well- University of Notre deserved spring retirement after Dame Law School, Magistrate Ambler was many years of dedicated and appointed magistrate in 2005. He also served as Jane Seigel & Justin Forkner faithful service. an attorney for the St. Joseph County Council, an assistant county attorney, a legal adviser to Forkner, an Indianapolis native, graduated from Indiana the St. Joseph County Police Department, and a University in 2001 with a degree in History. Upon graduation, deputy prosecutor. he was commissioned into active military service as a Field Artillery Officer in the U.S. Army, where he spent more Magistrate Ambler is survived by his wife, than seven years on active duty, including tours in Iraq and Joni, three daughters, a stepson, and four Afghanistan. He has also served five years in the Indiana grandchildren. Army National Guard. Forkner graduated from the IU-McKinney School of Law in 2010. He then served as a judicial clerk for Chief Justice Randall Shepard, Justice Mark Massa, and Justice Steven David. In 2014, he moved to the Indiana Department of Homeland Security, where he served as Administrative Law Judge and agency legal counsel. Forkner returned to the Court in 2016 to serve as Deputy Director.

10 SPRING 2018 courttimes BY JULIE C.S. MCDONALD | SENIOR EDUCATION ATTORNEY, INDIANA OFFICE OF COURT SERVICES

2017 Winter Workshop Understanding Race: Beyond Black & White

More than 200 judicial officers attended the day-long 2017 Winter Workshop called Understanding

Race: Beyond Black & White. Submitted photo Speakers included nationally-known TED Talks presenter and former prosecutor Adam Foss, Indiana University professor of American Studies Rasul Mowatt, Indiana judges, and representatives of the Race and Gender Fairness Commission. Attendees at the recent meeting of the National Association of State Judicial Educators (NASJE) applauded Indiana’s bold steps to confront race issues so directly and openly. The support of Chief Justice Loretta Rush, Chief Administrative Officer Mary Willis, IOCS Executive Director Jane Seigel, and the Judicial Education From left, Adam Foss, Suffolk County (MA) District Attorney’s Office (SCDAO); Hon. Kimberly Bacon, Committee enabled the program to Lawrence Township Small Claims Court; Hon. Clayton Graham, Marion County Superior Court; and confront the difficult subject in an Hon. Matthew Kincaid, Boone County Superior Court, at the Understanding Race: Beyond Black & honest way. White Winter Workshop in 2017.

Anthony Simones, President of the Foss used his own childhood to For many attendees, their colleagues’ NASJE said: “The issue of race is one discuss the power of the judicial brave presentations were the most of the most sensitive and important system – both as a sword and a powerful of the day. One attendee issues the courts must confront. Some shield – to combat racism. Indiana stated, “My peers showed great courage delude themselves into believing judicial officers Geoffrey Gaither, to tell me and every other white judge that if these matters are ignored for Andre Gammage, Sheryl Lynch, how they feel when they come to long enough, they will go away. I Sheila Moss, Lakshmi Reddy, and Jose our communities. I appreciated the applaud the judiciary of Indiana for Salinas likewise shared their personal opportunity to listen.” its courage in addressing this issue experiences as judges – and citizens – in a comprehensive and meaningful of color in Indiana. Another said, “The presenters were manner.” courageous. Let’s make this the beginning of a long conversation.” That Related article: The Legacy of Vivian Bridgeforth Smith | Page 12 is precisely what the Judicial Education Committee hopes is to come.

For additional information on Judicial Education, please contact Julie McDonald at (317) 232-1313 or [email protected].

courttimes SPRING 2018 11 BY THE HONORABLE SHERYL L. LYNCH | JUDGE, MARION CIRCUIT COURT

You may wonder how George and Jennie, born into slavery, become prosperous land owners and farmers. The Civil War ended in 1865. George Bridgeforth's biological slave owner father arranged for him to have the property in Beulah Land once slavery was abolished. Family lore reports that when that happened, the owner moved to Tennessee and left George Bridgeforth the plantation. When George and Jennie met it was not legal for slaves to marry. So, they participated in the slave ritual called “Jumpin the Broom.” There is a movie called “Jumpin the Broom.” After performing the ritual for slave tradition, they said “Us married now." George and Jennie On October 12, 2017, my Above: The Bridgeforth family in 1963. In had a son, Bascomb Bridgeforth, my grandmother, Vivian Bridgeforth the front row, Bascomb Bridgeforth (fourth grandmother’s father. Smith, ascended into heaven at 101 from right) holds his hat for the photo. years of age. She was born on May Right: Judge Sheryl Lynch with her 19, 1916, in Alabama in the home of grandmother, Vivian Bridgeforth Smith on her grandparents, George and Jennie her 100th birthday. Andrews Bridgeforth. She was the Opposite: George & Jennie Bridgeforth daughter of Bascomb and Rassie (circa 1880). Townsend Bridgeforth. She was born in the family home which was located on the Tennessee George Bridgeforth’s mother was a River in Tanner, Alabama, in the area slave. He was the biological child of called Beulah Land. If you have not the Bridgeforth plantation owner. heard of Beulah Land, just google it. Jennie Andrews Bridgeforth’s There is a well-known gospel hymn mother was also a slave. She too written in either 1875 or 1876 titled was the biological child of an Beulah Land. There was a TV Mini- unknown plantation slave owner. Series in 1980 titled “Beulah Land” My grandmother’s grandparents, which detailed the lives of two Civil who were born into slavery, became War families. prosperous land owners and farmers. They are the beginning of my legacy and the Bridgeforth lineage.

12 SPRING 2018 courttimes Bascomb married Rassie Townsend My mother and father are both I was blessed to be on the panel for and together they had six children. retired, still married, and living in the December 2017 Winter Workshop My grandmother was the fourth our family home despite my mother’s “Understanding Race: Beyond Black child out of six. Rassie passed away in Alzheimer’s. & White.” I shared my stories of the September of 1963. Bascomb passed racism I have experienced since being away in September 1974. So now you know the history of my appointed to the Marion Circuit grandmother Vivian Bridgeforth Court in 2001. In 2014, history was My grandmother inherited land Smith. I am so blessed to have had made and I was elected as the first from her father Bascomb when he her in my life. Over her lifetime, and black, and the first woman, to the passed. She maintained the property especially early on in Alabama and Marion Circuit Court since it was while two of her brothers fought in then in Indianapolis, she experienced established in 1816. World War II. Through all of her a tremendous amount of racism. She experiences, which included losing tolerated it with grace and humility. I have had many of our colleagues her parents and some of her siblings, Her faith helped her endure the commend me for sharing the racism she kept her faith and stayed strong. prejudice and bigotry and pushed this I have experienced. It is a very She eventually moved to Indianapolis uneducated woman of slaves to be difficult topic. I could not have had with her husband, Ural Smith. successful and prosperous. the courage and humility to be honest They had two children; a boy and a on that panel if it had not have been girl. The girl is my mother, Shirley My grandmother was blunt and shot what my grandmother taught me and Smith Lynch, who was born in 1941 straight from the hip. She had been showed me over the last 50 years of and is currently in the last stage of through a lot but attained success and my life. I so look forward to being an Alzheimer’s. prosperity. She passed down to me the active participant for the initiative trait to be honest, speak my mind, and “Access to Justice” in the state of My grandmother, who was fight for what I believe even if it is not Indiana. uneducated, started purchasing popular. My grandmother taught me property in Beulah Land in the 1970’s how to deal with racism with humility Vivian Bridgeforth Smith: Sunrise while living in Indianapolis. She and a forgiving heart. She did it for May 19, 1916 and Sunset October worked for a white doctor, cleaning so many years. She taught me to just 12, 2017. Rest in peace grandma. I his house and office. She was humble take it and move on so I could be will continue the fight you taught me and a hard worker. One day the doctor successful and get to my destiny. and demanded that I must have to asked her if she wanted to learn how continue and honor your legacy! to operate the x-ray machine. She took on the challenge and did that job for a long period of time. She eventually worked as a domestic helper in the family home of a Mutual of Omaha Insurance Company executive. This job helped with the rearing of her children and to pay for my mother to attend college, something that my grandfather was against. He didn't believe women should attend college. My mother graduated from college with a Bachelor’s Degree in Education. She became a teacher and later promoted to Media Director with the Indianapolis Public School system. My father also was a teacher, principal, and a regional director for the Indianapolis Public Schools. Submitted photos

courttimes SPRING 2018 13 SIDEBAR

BY JAMES F. MAGUIRE | EDITOR, INDIANA COURT TIMES

HONORABLE

David N. Submitted photos Riggins

This is the 44th Court Times article to highlight up close and personal a member of the Indiana Judiciary.

Shelby Superior Court 2 Judge David Riggins graduated from Butler University in 1991 and obtained his law degree in 1994 from Indiana University McKinney School of Law. He served as a law clerk for U.S. District Court Judge Allen Sharp from 1994 until 1996 when he began a private practice and served as Shelby County deputy prosecutor. Governor appointed him to the bench in 2010. Judge Riggins was elected in 2014 to his current term. Judge David Riggins with his wife Jennifer and their three boys; Jonathan, Benjamin, and Nicholas. Judge Riggins and his wife, Jennifer, were married in 1994 and reside in case. And, I like to use technology I decided to study law when in 8th Shelby County with their three sons, to make the court more efficient grade we had to shadow people for Jonathan (16), Benjamin (14), and and accessible. I do not enjoy trying a career. My father’s friend was an Nicholas (11). He is active in the to collect court costs and fees from attorney. We spent the morning in community, coaching his boys in scofflaws. court and the afternoon flying in his various sportsm, and is a volunteer private airplane. I thought that’s a firefighter/EMT at their local fire What was your major in pretty cool job if you can do that. department. college and why did you decide to study law? What would you do if What do you like most you were not a judge? and least about being a I was a double major in History/ Private practice, teaching law, or start trial court judge? Political Science with a minor in a business unrelated to law. My family Business Administration at Butler owned a door and window shop when On the civil side, I enjoy my small University. But my real education I was in law school. claims docket. I like giving people a took place in the “cage” in the bowels chance to have their say and interact of Hinkle Fieldhouse where I was a Who are the people with the justice system. In criminal student equipment/video manager you most admire? matters, I enjoy it when victims and for the football and men’s basketball defendants thank me (post-judgment) teams. First, of course, is my lovely wife on how I handled some aspect of the Jennifer. She makes me a better me.

14 SPRING 2018 courttimes humor writer. David McCullough is baskets I made in 5th grade (one with PRINT-EDITION VERSION a fantastic history writer. And, for my glasses knocked off!) and the Additional photos and the full text those who think foreign meddling in season where I batted a perfect zero in of this article are available on US elections is new, read 19 Weeks, baseball. These childhood friends are the Indiana Court Times blog at America, Britain, and the Fateful still my best friends today. I’m very indianacourt.us/times. Summer of 1940 by Norman Moss. lucky (I think). Where did you grow Do you have a up and how would you favorite quote? We met in French class at Butler describe your childhood? where she graduated with a Doctor of This quote attributed to Calvin Pharmacy. I had a blessedly awesome childhood. Coolidge has been in my office since I My parents raised my sister and I very became a lawyer: Immediately after my wife are my well. Sometimes my father’s health parents for their perseverance with made money scarce, but they made “Nothing in the world can take the grace and humor. Our family says it work. I acquired my love for travel place of persistence. Talent will my dad is like a dog in an old Johnny from my paternal grandparents with not; nothing is more common than Carson joke “Lost dog—brown fur, whom we vacationed in a travel trailer unsuccessful men with talent. Genius some missing due to mange, blind in during the summers. will not; unrewarded genius is almost one eye, deaf, lame leg due to recent a proverb. Education will not; the traffic accident, slightly arthritic. Goes Until 3rd grade, I lived on the west world is full of educated derelicts. by the name of ‘Lucky.’ My “Lucky” side of Indy when we moved to rural Persistence and determination alone dad doesn’t have mange (he has more northwest Shelby County where I are omnipotent.” hair than I), but he is blind in one attended Triton Central Schools. I eye, lame due to Parkinson’s, and is played football and wrestled, but Where is your slightly arthritic. my friends still talk about the two favorite vacation spot ? In the law, my mentor was the late Behind the wheel of my motorhome Federal District Court Judge Allen with two weeks of vacation ahead of Sharp. His hardscrabble early life me is my favorite place. If I had to and his success in the law were quite pick a spot, it’s Utah and its National remarkable. Among his printable Parks. A close second is Montana’s quotes: “You don’t have to be smart, Glacier National Park. you have to be careful.” For some reason, he always looked at me when Do you have a he said it. favorite meal, recipe, and restaurant? What are your hobbies or favorite leisure activities? The best single meal I’ve enjoyed was over Christmas break on the We are Butler basketball season ticket side of a mountain in Guatemala. holders (GO DAWGS!), and I enjoy It was a chicken/rice dish cooked fishing and occasionally hunting or by the family for whom we had just playing golf. I also love to travel and built a home. The chicken was fresh take photos. (clucking the day before), it was cooked over an open fire, and was Do you have a perfect. favorite book(s) and a recommended Otherwise, my favorite meals are reading list? desserts. My wife’s sugar cream pie is the best in the state. Angel food cake I’ll give three categories: humor, with fresh strawberries and cream is Judge David Riggins also serves as a volunteer nd history, and history. Any book by firefighter and emergency medical technician in 2 . In Shelbyville, try Pasghetti’s and Patrick McManus, he is an outdoor Shelby County. the minestrone soup. It’s great!

courttimes SPRING 2018 15 FAMILY VIOLENCE

BY LISA MANNING | FAMILY VIOLENCE RESOURCE ATTORNEY, INDIANA OFFICE OF COURT SERVICES Intimate partner violence in the LGBTQ community

arly this year, the founder of Women who had experienced 33% sought protection orders after Miss Transgender America, violence from a same-sex intimate incidents of domestic violence. Christa Leigh Steele-Knudslien, partner sometimes did not initially Ewas found dead in her home after consider these incidents to be Intimate partner violence continues being stabbed and beaten to death domestic violence. Some women to be prevalent in the LGBTQ by her husband. In an interview with cited their belief that the violent acts community and victims are less police, Mark Steele-Knudslien said he women commit are not as serious or likely to report abuse and seek “snapped” after arguing with his wife. as dangerous as those perpetrated by services. Increased awareness and men. Hassouneh et al. (2008). the continued use of screening tools Intimate partner violence is as by law enforcement and medical prevalent in the LGBTQ community LGBTQ victims of intimate partner professionals will help secure access as in heterosexual communities. violence face unique challenges in to services for LGBTQ survivors 43% of lesbian women and 61% of accessing resources to escape abusive and reduce future intimate partner bisexual women experienced rape, relationships. Victims fear being homicides. physical violence, or stalking by an “outed” to family, co-workers, or intimate partner. 26% percent of gay other members of the community Additional resources, including a men and 37% percent of bisexual men if they report abuse. An abuser webinar on what judges need to experienced rape, physical violence, may manipulate mutual friends and know about domestic violence in the or stalking by an intimate partner. community support in order to cut off LGBTQ community, can be found at these resources to the victim. Intimate the National Council for Juvenile and Thirty to 50% of transgender women partner violence in a same-sex Family Court Judges website at experience intimate partner violence relationship may be viewed as mere ncjfcj.org. or sexual assault during their lifetime. “fighting” or assumed to be mutual Lisa Manning joined IOCS in (“National Intimate Partner and violence. Sexual Violence Survey,” 2013, CDC). December 2017, replacing retiring LGBTQ victims also hesitate to report staff member Ruth Reichard. Popular understandings of what intimate partner violence and seek constitutes intimate partner violence services because of the discrimination and sexual assault may prevent surrounding these identities. Of the victims from recognizing that LGBTQ victims surveyed by the incidents of abuse by their partners National Coalition of Anti-Violence are, in fact, abusive and illegal. Projects, only 12% attempted to access an emergency shelter and only

For additional information about this article, please contact Lisa Manning, Family Violence Resource Attorney for the Indiana Office of Court Services, at (317) 233-0784 or [email protected].

16 SPRING 2018 courttimes $6.3 Million in grants distributed to 83 counties The Indiana Office of Court Services Court Interpreter Program (IOCS) distributed more than $6.3 $500,000 distributed to 28 counties million in grants to 83 counties. IOCS houses several programs with Funding determined by allocation formula using specific judicial focuses meant to applicant’s (county) reported-interpreter use assist children, families, the elderly, as a percentage of the total applicant pool and those with physical disabilities. use. From that baseline allocation, deductions are made based on funds remaining from prior The amount allocated for each grant awards—but regardless of the baseline program is determined by various allocation result and any deduction, there is a methods, and is distributed from minimum award amount of $2,000. funds allocated by the Indiana General Assembly during the last Family Court Project budget session in early 2017. An $175,660 distributed to 23 counties overview of the grant distribution Funding based on pre-existing funds/ follows. spending, fit within the project’s purposes, and lifetime and prior performance/compliance Court Appointed (if continuing to fund a pre-existing program). Special Advocates (CASA) Reductions in the granted amount compared (matching grants) to the requested amount are based on a continuing effort to push long-running $3 million distributed to 83 counties programs to local, sustainable funding. Funds are distributed pursuant to statutory formula based on the number of Child in Need of Services filings in each county in the Volunteer Advocates for previous calendar year. Counties are required Seniors or Incapacitated to match the IOCS grant offered to them with Adults (VASIA) 83 counties received a total of $6,313,445 in grants county tax dollars. $1,137,785 distributed to 18 programs in 42 counties CASA (Capacity-building grants) The VASIA program awards up to $75,000 for pre-existing programs and $50,000 for new $1.5 million distributed to 78 counties programs. Applicants must provide a 50% county/local match, of which half can be in-kind. If a Funding determined initially by running match isn’t met, the award amount is reduced. The recommendation is to award each applicant the same statutory funding formula as the their full request. matching grants, with a $1.5M allocation, and using only counties that applied for the grants (instead of all 92, as the matching formula requires). Applications were subsequently reviewed, giving A detailed breakdown of funding received by each county preference to counties with demonstrated is available at indianacourt.us/times. capacity-building, compliance with program requirements, and overall need. For information on grants, please contact Justin Forkner at (317) 234-2604 or [email protected].

courttimes SPRING 2018 17 ASK ADRIENNE

BY ADRIENNE MEIRING | COUNSEL TO THE INDIANA COMMISSION ON JUDICIAL QUALIFICATIONS Judicial Selection & Disqualification

Judges and judicial candidates Campaign Support The U.S. Supreme Court inCaperton necessarily must forge professional during a Judicial Election v. A.T. Massey Coal Co., 556 U.S. and social relationships with 868 (2009), provided that the proper attorneys, business leaders, and public For elected judges, three categories inquiry centers on: officials to become judges and to raise the most disqualification issues effectively improve the legal system. when a campaign supporter later • The contribution’s relative size in Questions sometimes emerge whether appears before the judge: monetary comparison to the total amount these contacts create an appearance of contributions, leadership roles in the contributed to the campaign; partiality when an attorney or party campaign, and other forms of public • The total amount spent in the who supported a judge during the support during the candidacy. election; and selection process later appears before the judge. Monetary Support • The apparent effect of the contribution on the outcome. This article examines disqualification Generally, a judge will not be required issues that arise from judicial to disqualify from a case merely Leadership Roles selection activities and offers guidance because a party or attorney made a in the Campaign to judges when faced with a request to low-level monetary contribution. disqualify. Larger monetary contributions may Attorneys often serve on campaign require disqualification, as there committees, which has led to General Disqualification may be an appearance to the public questions about the appearance of Principles under the Code that the judge is indebted to the partiality when the attorney later of Judicial Conduct contributor for his or her position. appears before the judge on a case. In Bloomington Magazine, Inc. v. Kiang, Indiana does not specify in the Code a Rule 2.11 of the Indiana Code 961 N.E.2d 61 (Ind. Ct. App. 2012), monetary contribution amount which of Judicial Conduct lists specific the Court of Appeals determined that requires that a judge disqualify when factors which mandate a judge’s a judge had abused her discretion by persons who made contributions in disqualification from a case, but denying a party’s motion to recuse excess of that amount appear before support of a judge’s candidacy is from a hearing to set aside a verdict, the judge. not one of the enumerated factors. when the judge had failed to disclose However, Rule 2.11(A) also contains Rather, the Code merely advises that the opposing counsel had served a catchall provision which requires a judicial candidates to instruct their as chairman of the judge’s election judge to disqualify “in any proceeding campaign committees to accept “only campaign three months earlier. in which the judge’s impartiality such contributions as are reasonable in Although no specific recusal time was might reasonably be questioned.” amount” and to be especially cautious mentioned in the opinion, the court when accepting campaign contributions The test for disqualification is whether cited a Florida case which suggested a from attorneys and others who may an objective person, knowledgeable two-year timeframe was appropriate. of all the circumstances, would have a appear before a successful candidate rational basis for doubting the judge’s (although the Code acknowledges that impartiality. such individuals are permitted to make campaign contributions). See cmmt. 4 to Rule 2.11.

18 SPRING 2018 courttimes Other Forms of Support Similarly, the fact that a public Neither does the fact that an official appointed a judicial candidate individual made flattering remarks In Cheek v. State, 79 N.E.3d 388 to a judgeship or an individual about a successful candidate at (Ind. Ct. App. 2017), Senior Judge was a member of the nominating an investiture ceremony warrant Shepard wrote “[w]hen evaluating commission who recommended the disqualification if that person later is a motion for recusal based upon candidate for appointment should not involved in a case before the judge. counsel’s campaign-related activities, warrant a judge’s disqualification from See Justice Massa’s reasoning in the general principle is that timing, a later case in which the public official Indiana Gas Co. v. Indiana Fin. Auth., nature, and extent of participation in or commission member is a party 992 N.E.2d 678, 679 (Ind. 2013). a judge’s campaign are relevant factors or an attorney. See Justice Boehm’s to consider.” Applying this standard, reasoning in Peterson v. Borst, 784 the appellate panel determined that N.E.2d 934, 937 (Ind. 2003). a prosecutor’s limited service on a judge’s re-election campaign (in a non-leadership role), and his public endorsement of the judge in a letter did not mandate recusal. See also PRACTICAL TIPS Abney v. State, 79 N.E.3d 942 (Ind. Ct. When trying to determine whether disqualification App. 2017). is appropriate consider the following: Public Support during Is the relationship which is being questioned a professional one or is it also a social relationship? the Judicial Appointment Process How active was the person in the judge’s campaign (or attempt to get appointed)? Questions have been raised as to Did the person play a leadership role in the judge’s selection whether trial court judges who seek activities? appellate appointments are required to disqualify when attorneys who For elected judges, how much money/support did the person contribute to the judge’s campaign, and how likely is it that supported the judge’s quest for the contribution/support had an impact on the campaign? appointment appear before the judge. In L.G. v. S.L.,__N.E.3d__, For appointed judges, how much support did the person 2018 WL 476453 (Jan. 19, 2018) the contribute to the judge’s appointment bid, and did that Indiana Supreme Court held that a support go beyond what was required in the application or selection process? trial court judge was not required to recuse from a case solely because How long ago did the person give support to the judge’s counsel for a party had served as a campaign or appointment bid? professional reference and wrote a Disclose any potential conflicts, and then give the parties an recommendation letter to support opportunity to waive the conflict. the trial judge’s application for an appellate vacancy.

Judicial officers seeking ethical advice on the Code of Judicial Conduct may contact Adrienne Meiring at 317-232-4706 or [email protected].

courttimes SPRING 2018 19 Indiana Supreme Court Office of Communication, Education, and Outreach 251 North Illinois Street, Suite 1600 Indianapolis, IN 46204

EDITORIAL BOARD EDITORIAL STAFF Mary Willis Patrick McCauley Jane Seigel Lindsey Borschel Mary DePrez Sarah Kidwell James Maguire Katie Utley Kathryn Dolan Yolanda Collins

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Our goal is to foster communications, respond to concerns, and contribute to the spirit and pride that encompasses the work of all members of the judiciary around the state. We welcome your comments, suggestions, and news. If you have an article, advertisements, announcement, or particular issue you would like to see in our publication, please contact us by mail or email at [email protected].

CONTRIBUTORS

Hon. Mark S. Massa Indiana Supreme Court

Hon. Cale J. Bradford Court of Appeals of Indiana

Hon. Sheryl L. Lynch Marion Circuit Court Stay Connected Mary DePrez Counsel & Director for Trial Court Technology

Adrienne Meiring The Indiana Court Times is available Counsel, Indiana Commission on Judicial Qualifications online at courts.in.gov/times Jill Acklin If you like the online version better than the magazine, you can Education Attorney, Indiana Office of Court Services unsubscribe from the paper version by emailing Yolanda Collins at James F. Maguire [email protected]. Staff Attorney, Indiana Office of Court Services Subscribe to the Court Times online by email or with the RSS Lisa Manning reader of your choice. Family Violence Resource Attorney, Indiana Office of Court Services

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