Issue 26.2 SUMMER 2017 INSIDE Canine Mobile app provides guidance Companions on sharing records CASA programs using dogs to ease fears of kids in court BY JAMES F. MAGUIRE | EDITOR | INDIANA COURT TIMES ARTICLES Photo by Nathaniel Edmunds Justice Robert Rucker 2 Judicial Vacancy Process 6 Race & Gender Forums 9 Information Sharing Guide 10 Legislative Summary 12 Canine Companions for CASA 18 Justice Robert Rucker smiles during his retirement ceremony in the Indiana Supreme Court Courtroom. CASA Day at the State House 22 FAQs: Records Management 26 S.E.A. 120 27 New Judges & Magistrates 27 COLUMNS SPOTLIGHT Justice Robert D. Rucker retires after Judiciary outreach 8 17 years on the Indiana Supreme Court BRENDA’S BAILIWICK Age Discrimination ROBERT D. RUCKER In fact, he did work in the steel & Court Employees 16 was born in Canton, Georgia and mills and decided that it was not grew up in Gary, Indiana. The man the life for him. Although his SIDEBAR Hon. Faith A. Graham 20 he most admired was his father, counselor at Gary Roosevelt High Robert Dennis Rucker, Sr., who School discouraged him from even FAMILY VIOLENCE worked hard and taught him the applying to college, he knew that Lethality Assessments, Part Two 24 value of an education. He wanted education was his ticket out. Rucker his son to have the opportunity to also gained strength from one of his work somewhere other than the favorite quotes: Gary steel mills. "It's your attitude, not your aptitude, As the oldest son with three that determines your altitude." younger brothers in what would later become a combined family He enrolled at IU Northwest that included three more boys while working to pay for his and five girls, Rucker grew up in college expenses. One semester he an environment that had many substituted a class that reduced his challenges. He easily could have caseload by one credit hour, making walked down other paths, and many him eligible for the draft. Rucker that would have taken him very far served in the Vietnam War as a from serving on the highest court in member of the Army 1st Cavalry Indiana. Division (Air Mobile), and fought 2 SUMMER 2017 courttimes “It's your attitude, not your aptitude, that determines your altitude.” A favorite quote of Justice Robert Rucker - Originally by Zig Ziglar to relieve Marines who were under siege at Khe Sanh. He was awarded the Bronze Star and a Purple Heart photo Staff while serving his country. Upon his return home, Rucker re- enrolled in college with the goal of becoming a doctor. He signed up for, and excelled at, the required science courses-chemistry and physics. Then one day he met a young Gary lawyer named Alton L. Gill, a Howard Law School graduate. He was learned, articulate, poised, confident, and impressive in many other ways. That encounter changed the life path, and the future, for young Robert Rucker. The decades of the 60's and 70's Above: The Justices were turbulent in many ways. Social of the Indiana Supreme activists, fiery orators, and thought- Court prior to a traveling oral argument provoking writers challenged many at Theodore Roosevelt truths that were once self-evident, but College & Career Academy in Lake no longer. One of those writers was County in March 2017. Frantz Fanon, and reading his books was a rite of passage. Rucker read his Left: Justice Rucker shakes hands with best-known: The Wretched Of The former Chief Justice Earth; Black Skin, White Masks; and, Brent Dickson. Dickson and Rucker A Dying Colonialism. Those books were on the Court informed him on a number of issues of together from 1999 until 2016. the day and had a lasting impression. In fact, he has a son named after the writer: the Honorable Fanon Adeyemi Photo by Nathaniel Edmunds Rucker, Judge, Hamilton County Municipal Court in Cincinnati, Ohio. the board of directors of the Indiana the Indiana Supreme Court. He was Trial Lawyers Association as well as the second African-American to serve Rucker graduated from Indiana the Northwest Indiana Legal Services on the state's highest court. The first University (B.A. 1974) and Valparaiso Organization. was Myra Selby who was appointed by University School of Law (J.D. 1976). Governor Evan Bayh. Before retiring, In 1998, he earned a Master of Laws In 1991, Governor Evan Bayh he was the only justice on the court degree in the judicial process from the appointed him to the Court of appointed by a Democrat governor. University of Virginia Law School. Appeals of Indiana. While on the Court of Appeals, he served as vice- Justice Rucker is a member of the Following law school, he served as a chair of the Indiana Commission for American Bar Association, the Deputy Prosecuting Attorney for Lake Continuing Legal Education. Indiana Judges Association, the County, as Gary City Attorney, and Indiana State Bar Association, the engaged in the general practice of law In 1999, Governor Frank O'Bannon in East Chicago. He also served on named Rucker as the 105th justice to CONTINUED ON NEXT PAGE courttimes SUMMER 2017 3 CONTINUED FROM PREVIOUS PAGE Marion County Bar Association, and the James C. Kimbrough Bar Association, and is a Fellow of the Indianapolis Bar Foundation. Justice Rucker also served as the 2009-2010 Chair of the Judicial Council of the National Bar Association. During her annual State of the Judiciary address in January 2017, Chief Justice Loretta Rush stated: "His contributions to Indiana's jurisprudence are remarkable. His legal scholarship is innovative and insightful in applying the constitutional values he has sworn to uphold." She added; "Rucker’s opinions have enforced core constitutional values — such as preserving family integrity and community and ensuring access to justice for people with limited English proficiency." Rush highlighted his opinion in Anglemyer v. State that has been cited For 11 years, the Indiana Supreme Court was comprised of Justices Frank Sullivan, Jr., Robert Rucker, Randall Shepard, Theodore Boehm, and Brent Dickson. In 2010, Justice Boehm retired, beginning a seven-year span where many times throughout the country. Sullivan, Rucker, Shepard, and Dickson also retired. His research and analysis of U.S. and Indiana Supreme Court opinions, U.S. and Indiana constitutional On March 7th, the Indiana Senate returned to his alma mater, now provisions, Indiana statutes and unanimously passed Senate called Theodore Roosevelt College statutory history, and his thoughtful Resolution 38, co-authored by & Career Academy, to hear oral writing brought clarity to Indiana’s President Pro Tem David Long and arguments in the case of Danny Sims sentencing laws. This opinion held Minority Leader Timothy Lanane, v. Andrew Pappas and Melissa Pappas. that when a trial court imposes honoring and thanking Justice About 300 high school students from sentence for a felony offense it Rucker for exemplifying "the utmost nine high schools had an opportunity must issue a sentencing statement integrity during his nearly three to hear the case and participate in a that includes a reasonably detailed decade tenure on the Indiana Court question and answer period. recitation of the trial court's reasons of Appeals and Supreme Court" and for the sentence imposed. "for his immeasurable contributions As reported in the local media: "time to the Indiana Judiciary and legal and again, the crowd of high school Justice Rucker received an extended community." students, local attorneys and judges, standing ovation by everyone in and politicians gave Rucker a standing the audience in the chambers of the The judicial building in Gary, Indiana ovation and repeatedly clapped and Indiana House of Representatives is named the Justice Robert D. Rucker laughed as he responded to questions during the 2017 State of the Judiciary, Superior Courthouse; and, in 2015, and comments." including the Governor, Lieutenant Valparaiso Law School named a Governor, Senators, Representatives, lecture series after him. On March 26th, Valparaiso Law his fellow Supreme Court Justices, School sponsored the Justice Robert Appellate Court and Trial Court To honor Rucker's years of service, D. Rucker Inaugural Lecture at Judges, court staff, friends, and family. on March 9th the Supreme Court Wesemann Hall. His topic was: 4 SUMMER 2017 courttimes "Behind The Scenes – An In-Depth living in a tough economic and social continue serving the judiciary as a Journey Through the Inner Workings environment. Senior Judge on the Court of Appeals. of the Indiana Supreme Court." Although his voice will not be heard If Justice Rucker was not a judge he While Justice Rucker is noted asking questions at oral arguments, imagines that he would probably be and praised for his writing in or in conference with the Justices a college professor teaching courses the Anglemyer v. State opinion discussing cases and other matters of on current social issues or political noted above, the Marion County court, perhaps from time to time one science. His favorite books are non- redistricting case Peterson v. Borst, of his colleagues will ask: What would fiction, and he recently finished "We 786 N.E.2d 668 (Ind. 2003) also Justice Rucker say? Were Soldiers Once…and Young: brings him pride. la Drang--the Battle that Changed In addition to his son, Judge Fanon the War in Vietnam" by Lt. General In that case, Marion County judges Rucker, Justice Rucker and his wife, Harold G. Moore (Ret.) and Joseph L. aligned along party lines to support Dr. Denise Rucker, are also the proud Galloway. Republican City-County Council parents of James Rucker (Marietta, President Philip Borst’s redistricting Georgia), Dawn Rucker Frye He is currently reading "And, We plan over one offered by Democrat (Harrisburg, Pennsylvania), Stephen Must Make Them Noble: A Contextual Indianapolis Mayor Bart Peterson.