Indiana Court Times 19.4

Issue 19.4 JUL/AUG 2010

Your court staff is very careful to redact data deemed confidential by Administrative Rule 9 and to insist that all litigants properly file on green paper those pleadings that contain confidential

information that must be kept private. When they need to make copies they do so carefully, keeping protected information out of the public eye. They may even use the copier to send documents by fax or email before carefully putting them back in the file and never think twice about a potential privacy risk.

Does that strike you as a prudent way to conduct court business? Well, it probably does; but, fast forward to a time in the future when it is necessary to replace that old copier. If the copier to be replaced was made in 2002 or after then it is very likely a digital copier containing a hard drive that may store images of documents copied, scanned or emailed from that machine. Unless proper precautions have been taken, or the hard drive has been destroyed, individuals may gain access to information on documents that have been copied or transmitted on it. That information may include social security numbers, bank account and credit card numbers, birth dates, driver’s license numbers, and the names of children involved in sensitive cases.

Many courts lease their copiers and upon lease expiration the leasing company tunes and upgrades the machine and places it back into the marketplace with a new lessee or buyer. The danger, unless the proper safeguards have been taken, is that the subsequent owner or lessee may have access to confidential information contained in documents that have been copied or sent from it and remain in the hard drive memory.

Copiers built prior to 2002 operated with a process that was typically referred to as analog copying. It involved the use of an internal mirror that copied the image of the document onto a drum. Static electricity was used with particles of toner creat-ing an image of what was on the drum with a heat element to dry and fix the toner into place producing a copy on the sheet of paper. There was no storing of informa-tion involved in the process.

Keeping a Lid on Confidential Information

DIGItAL CopIers AnD HArD DrIves:By JAmes F. mAGUIre | stAFF Attorney, stAte CoUrt ADmInIstrAtIon

Cover photo. Ilya Glovatskiy2 JUL/AUG 2010 courttimes

CONTENTS

COVER STORYDigital Copiers & Hard Drives: Keeping a Lid on Confidential Information ....................................2

mortgage Foreclosure Factsheet .......................................5

SPOTLIGHTstate Court Administrator elected to Lead national Court organization ..................................5

BITS & BYTESIncite once Again provides Driver Histories ..............................6

the "J" in JLAp stands for Judges 7

Jennings County: from the old (the vernon Commons) to the new (digital recording equipment ........8

SIDEBARHon. Jim r. osborne ...................10

ICLeo: Gateway to Diversity - summer employment program ..13

ASK ADRIENNEthe role of the Judicial nominating Commission in Judicial selection ........................14

Digital copiers scan the document and save it to memory. A laser imprints the information on the drum, toner is applied, and the document is printed. The digital copier allows for the print-ing of the document from memory or even transmitted electronically to other digital devices that are capable of receiv-ing it, such as by email or by facsimile transmission.

CBS News reported on a potential pri-vacy breach in a broadcast that aired on April 19, 2010. They noted that practi-cally every digital copier contains a hard drive that functions very much like a computer hard drive. CBS reported that an industry study revealed that 60% of Americans are unaware that copiers store images on the machines’ hard drives.

The CBS investigative reporter, Armen Keteyian, discovered how relatively easy it is to access sensitive information from these discarded copiers. He visited a warehouse in New Jersey and found used copiers for sale for as little as $300. There are around 25 of these ware-houses across the country. After pulling the hard drives out of the copiers that they purchased, and using forensic software that may be downloaded from the internet, in less than 12 hours they downloaded thousands of documents containing sensitive information.

From these hard drives they obtained social security numbers, birth certifi-cates, bank records, income tax forms, individual medical records, drug pre-scriptions, blood test results, a cancer diagnosis, domestic violence com-plaints, a list of wanted sex offenders, and a list of targets in a major police drug raid.

It did not take long for the CBS report to gain the attention of lawmakers and Congressman Edward J. Markey (D-Massachusetts). Markey is a senior

member of the House Energy and Com-merce Committee and Co-Chairman of the Bi-Partisan Congressional Privacy Caucus. In a letter dated April 29, 2010 to Federal Trade Commission (FTC) Chairman Jon Leibowitz, he requested information concerning any actions taken by the FTC to investigate this is-sue and urged him “to pursue measures to provide consumers with additional information about the privacy risks as-sociated with the use of digital copiers for copying sensitive information and the steps consumers can take to protect themselves against these risks.”

FTC Chairman Leibowitz responded to Congressman Markey’s letter on May 11, 2010. He expressed his shared con-cern about the privacy risks posed by

digital copiers. The goal in his words is that “businesses and government agen-cies should ensure that the information on the hard drives in digital copiers are wiped clean of personal information after the conclusion of use.” He indi-cated that the FTC is reaching out to manufacturers, resellers, and retail copy and office supply stores to ensure that they are aware of the privacy risks associ-ated with digital copiers. The FTC is determining whether these entities are providing education and guidance on this subject, and whether manufacturers and resellers are providing options for secure copying.

...they obtained social security numbers,

birth certificates, bank records, income tax

forms, individual medical records, drug

prescriptions, blood test results, a cancer

diagnosis, domestic violence complaints,

a list of wanted sex offenders, and a list of

targets in a major police drug raid.

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He reported that the FTC is reaching out to government contracting officials to advise them of the risks associated with using digital copiers and ensuring that the government is taking measures to protect the information collected from the public.

In his reply letter, Mr. Leibowitz referred Congressman Markey to consumer education material released in November 2008 that encourages consumers to wipe clean or destroy hard drives before disposing of their computers:

FTC Consumer Alert: The Download on Disposing of Your Old Computer, available at: www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt120.shtm

Computer Disposal, available at: www.onguardonline.gov/topics/computer-disposal.aspx

He further noted in his letter to Markey that they have released business educa-tion material instructing businesses to dispose of hard drives containing con-sumer information in a secure manner:

Protecting Personal Information: A Guide for Business, available at: www.ftc.gov/bcp/edu/pubs/business/idtheft/bus69.pdf

The information technology (IT) experts at the Division of State Court Administration agree that the presence of hard drives in digital copiers is an issue that must be addressed.

Bob Rath, State Court Administration’s Director of Appellate Court Technol-ogy, agrees that advanced technology copiers are grounds for concern. “The

CBS story shows that copiers can be a powerful tool for invading the privacy of companies and individuals. For-mer antiterrorism czar Richard Clarke addresses additional risks with digital copiers in his recent book, Cyberwar. Clarke notes that some copiers are made accessible via the internet to enable remote technical support. This feature also opens a door for someone to access the copier hard drives from anywhere in the world. Obviously, this feature should be disabled unless abso-lutely necessary.”

Andy Cain, MIS Director/CMS Project Manager for State Court Administra-tion’s JTAC operation observed: “This problem illustrates further how the proliferation of devices with comput-ing and storage capabilities affects our personal security. There are surely other such devices on the horizon that will cause us to rethink how we secure confi-dential information.”

Given these concerns, the Division of State Court Administration IT experts conducted a review of the copiers used in our offices. Their review indicates that the settings and process established for the office digital copiers assure that the copied data is stored only temporar-ily on the hard drives and then erased as soon as the copy job is completed.

Now that we have identified this poten-tial problem for our courts, what are the available solutions? Here are a few for consideration:

Determine if your copier is analog ◙or digital, and if leased or pur-chased since 2002, it is probably digital.

If your court leases its copiers, ◙review the terms of the lease to de-termine if there are provisions made to erase the contents, or dispose of the copier’s hard drive, at the end of the lease.

Contact the responsible person ◙with your copier supplier to deter-mine if they have a company policy for end of lease disposal or clean-ing of the hard drive. If not, insist that they provide for one of these safeguards.

In all future leases or purchases of ◙digital copiers make sure that there is a provision in the agreement to eliminate this potential privacy breach.

In the digital age in which we now live and conduct business it is very challeng-ing to insure that privacy is maintained, or at the very least not unwittingly breached. ■

If you have questions about your digital copier please contact either

mark roth, state Court Deputy Director, Appellate It operations, at 317-232-2542, [email protected], or

Andy Cain, JtAC mIs Director/Cms project manager at 317-232-2542, [email protected].

Keeping a Lid on Confidential Information

DIGITAL COPIERS AnD HARD DRIVES:

ContInUeD From prevIoUs pAGe

The information technology (IT) experts at the

Division of State Court Administration agree

that the presence of hard drives in digital

copiers is an issue that must be addressed.

4 JUL/AUG 2010 courttimes

STATE COURT ADMINISTRATOR ELECTED TO LEAD NATIONAL COURT ORGANIZATION Lilia G. Judson, executive director of the Indiana Supreme Court Division of State Court Administration, has been elected vice-chair of the Board of Directors of the National Center for State Courts (NCSC). She also has been named president of the Conference of State Court Administrators (COSCA), a national organization that represents the top chief executives of the courts of the 50 states and the U.S. territories, and of which NCSC serves as executive staff. Both positions are one-year terms. The appointments were made at the National Center’s Board of Directors meeting and the Conference of Chief Justices and COSCA Annual Conference, both of which were held during the last week of July in Vail, Colo.

“For more than 30 years, Lilly Jud-son has worked tirelessly to improve the justice system,” said Mary C. McQueen, NCSC president. “Her commitment to the rule of law and the basic principles of justice and her fervent belief in equal access to justice for everyone has served as an example to her peers across the country, as evidenced by the trust placed in her to lead NCSC and COSCA.” ■

MORTGAGE FORECLOSURE TRIAL COURT ASSISTANCE PROJECTBackground:the mortgage Foreclosure trial Court Assistance project (mFtCAp) was created to assist trial courts in scheduling and conducting mortgage foreclosure settlement conferences. this program utilizes court-appointed facilitators to reach out to fore-closed borrowers, ensure they are aware of their right to a settlement conference, and to bring both parties to the table to try to find a mutually-agreeable settlement, or “workout”. The MFTCAP is funded through a portion of the $50.00 filing fee levied on all foreclosure cases after July 1, 2009.

the mFtCAp launched on a pilot basis in February 2010 in Allen County, in April 2010 in st. Joseph, marion, and monroe counties, in July 2010 in Lake County, and in August 2010 in madison County. this program will be implemented throughout the state in early 2011.

Current pilot county data:In Allen, marion, st. Joseph and monroe Counties (from 3/1/10 - 8/1/10):

386 telephone conferences were scheduled;

219 telephone conferences were held (the remaining 167 borrowers failed to appear);

180 settlement conferences were requested;

143 settlement conferences were held;

84 conferences resulted in workouts;

31 conferences resulted in no workout (lender to proceed with foreclosure); and

28 conferences are being followed up by the facilitator.

It has been estimated that each averted foreclosure saves local communities and stakeholders at least $40,000. Using this figure, from February to August 2010, the mFtCAp has saved Indiana residents at least $3,360,000.

For more information on this project, please contact elizabeth Daulton, project manager, at (317) 234-7155 or [email protected]. ■


SPOTLIGHT

When INcite was initially launched, users had access to suspension and conviction information, but a later change in software used by the Bureau of Mo-

tor Vehicles (BMV) removed that access. As of July 1, 2010, that access is restored, and for the first time, title, lien and vehicle registration information is also included.

In addition to the primary goal of equipping Indiana with a statewide case management system (CMS), the Indiana Supreme Court, Division of State Court Administration’s Judicial Technology and Automation Committee (JTAC) is developing several satellite applications, all of which will work in tandem with the CMS. Central to this effort is the need for a standardized, secure, web-based platform—called INcite—through which Indiana court and clerk staff can access and interact with all of the applications JTAC provides.

An extranet is typically a website that an organization uses to exchange information with an external, often geographically disconnected group of users. In this case, it is a website that the Supreme Court is providing to county- and city-level court and justice-related offices to share information with each other and with state-level offices.

The INcite extranet employs security features such as data encryption and authentication to ensure only authorized users can see and use data. Court users must be given access to the system by JTAC, and they may only access job-appropriate in-formation. For example, a court staff person who has access to the INcite jury management system does not have access to do marriage license filings. In situations where the same person-nel need to complete multiple tasks through INcite, they can be granted permission to access different applications.

Since 2005, staff from JTAC and the Bureau of Motor Ve-hicles (BMV) have been working together to provide courts, clerks and probation department staff access to individual driver records at the BMV through JTAC’s INcite application.

Driver history information in INcite has proven to be an invaluable resource to court, clerk and probation staff, as well as the citizens who walk through their doors. Pendleton Town Court Judge George Gasparovic commented, “My staff is extremely pleased with the new BMV Portal. It has reduced their lookup time significantly. This is a definite improve-ment in our administrative processes.”

Only with access to driver information can our courts provide these services:

A citizen walks into the Clerk’s office to pay an • outstanding ticket. He may not know that his license was suspended by a court in the adjoining county, and without access to that driver’s record, the Clerk could not inform him.

A driver admits to a speeding charge or driving • while suspended. prior to sentencing, the judge may want to review the driver’s record.

Probation officers may want to monitor the ability • of the offender to drive while on pre-trial release or probation or check the offender’s driving record for a pre-sentence investigation report.

ConfidentialityAs JTAC and the BMV worked to restore driver history access through INcite, the Bureau has worked to strengthen security around access to driver records in compliance with the Driver Privacy Protection Act. These privacy regulations coupled with the fact that INcite gives users direct access to driver records meant that the Division of State Court Administra-tion had to enter into a new agreement with the BMV. This in turn has meant a revision to the INcite User Agreement to include additional language required by federal and state laws to help maintain the confidentiality of driver records. The agreement requires judges and clerks to notify JTAC when INcite users leave employment.

INcite Once AgainProvides Driver Histories

By mAry L. Deprez | DIreCtor & CoUnseL For trIAL CoUrt teCHnoLoGy stAte CoUrt ADmInIstrAtIon


BITS & BYTES


User Access to Driver RecordsThere are two types of access for the BMV/INcite application:

“Basic Access” provides the user the ability to conduct search-es of BMV records in which the records returned will contain only the personal information that the user entered into the application to conduct the search.

“Enhanced Access” provides the user the ability to conduct searches for BMV records in which the records returned will contain additional personal information or personal identi-fiers for that record.

For security reasons, the BMV and JTAC will limit the num-ber of users who will be granted enhanced access in order to improve the security regarding the release of the data within the driver records that are covered by Indiana Code 9-14-3.5, Disclosure of Personal Information in Motor Vehicle Records. This law implements the federal Driver Privacy Protection Act of 1994 (18 U.S.C. § 2721 et. seq.). These laws are designed to protect the personal privacy interest of individuals by prohibit-ing the disclosure and use of personal information contained in motor vehicle records, except as authorized by an affected individual or by law. ■

courts.In.gov/jtac

Judicial officers want to feel in control: control of their dockets, control of their courtrooms, control of their work and home lives. But sometimes circumstances happen that make them feel out of control.

Judicial officers should remember that the Judges and Lawyers Assistance Program (JLAP) is here to help. The Judges and Lawyers Assistance Program is totally confidential. Nothing will be disclosed unless we receive a written consent. JLAP will not report anything to the Judicial Qualifications Commission or the Disciplinary Com-mission. The only exception to the confidentiality rule is when there is an immediate threat of suicide or the infliction of physical in-jury. Even then, the disclosure would be limited to the authori-ties necessary to protect life.

JLAP helps in coping with a substance abuse or mental health issue. JLAP can also help when dealing with a physical prob-lem that is making work difficult.

Don’t forget that JLAP is also there if you just need someone you can talk to or find yourself going through a stressful time. If a judge is involved in a contested election, JLAP can find another judge who has gone through the same process. A judge who has a big trial coming up may need someone to help deal with the unique issues involved. Or, a judge may need assistance dealing with unresolved issues with a fellow judge or a member of the bar. JLAP can find a judge who is not from the local area to confidentially talk a judge through those issues as well.

If a judge does not feel comfortable talking to a judge in Indi-ana, there is a national helpline called Judges Helping Judges. The number to call is: 1-800-219-6474. A judge from outside Indiana will be assigned to help, again on a completely confi-dential basis.

Confidentiality is the cornerstone of JLAP. Five (5) judges sit on the 15 member JLAP Committee. Our colleagues

on the bench are especially sensitive when physical or emotional health issues arise. We recognize that judges are often reluctant to ask for help.

JLAP wants all judges to know that discussions held, and information shared, are kept complete-ly confidential. JLAP will assign one person, with whom the judge is comfortable, to give the help and support needed to get through a dif-ficult time.

JLAP can also help if a judge is concerned about a fellow judge or a lawyer. The Indiana Code of Judicial Conduct, Rule 2.14, requires a judge who reasonably believes that a lawyer or fellow judge is impaired by drugs or alcohol, or by a mental, physical, or emotional condition, to take appropri-ate action, which may include a confidential referral to JLAP. Any judge who has concerns about a lawyer or judge may fulfill this ethical responsibility by calling JLAP.

We are here to serve, so please call JLAP Executive Director Terry Harrell toll free at (866) 428-5527. Please do not wait until there is an emergency. ■

The “J” in JLAP Stands for JudgesBy Hon. mArIAnne L. vorHees | DeLAWAre CIrCUIt CoUrt 1, JUDICIAL memBer, JLAp CommIttee

PHOTO. Larry Roberg.


While Indiana was still mostly a roughhewn wilder-ness, forward-looking citizens

of Jennings County were far-sighted enough to create the first public park dedicated to children in the county seat of Vernon—in 1815, one year before Indiana became a state.

Continuing with that kind of visionary thinking, the Jennings County judi-ciary has installed state-of-the-art court reporting equipment that will provide for speedier justice and more reliable recordings of vital court proceedings.

While court reporting equipment may seem like a mundane expenditure that could easily be dispensed within tight budgetary times, it is actually a key but hidden cost of justice that supports our legal system. Indiana’s court rules require that an appeal of any trial court decision be accompanied by a written transcript of the proceeding in ques-tion, which often includes the entire trial or a multi-day hearing.

Critical to the creation of that tran-script is an audible recording of the day’s testimony. A court reporter must be able to listen to the recording and type out a transcript in a format accept-able to the appellate courts.

Like many counties, the two courts in Jennings County were operating with outdated and often unreliable recording equipment.

“At one time we had to close down and move to our auxiliary courtroom be-cause the technology was not working,” recalled Jennings Superior Court Judge Gary L. Smith.

Both Judge Smith and Jennings Circuit Judge Jon W. Webster turned to the Su-preme Court’s Division of State Court Administration for funding of replace-ment systems.

Since 2008, State Court Administration has operated the Court Reform Grant program, designed to provide fund-ing to help courts try out innovative technologies and procedures to improve the way courts deliver justice. Since its inception, the Court Reform Grant program has distributed over $480,000 to 12 counties for a variety of projects

including unified court administration, multi-jurisdictional problem-solving courts, court performance measure-ment, upgrades in jury management systems, court reporting equipment, and technological infrastructure.

In the summer of 2009, Jennings Circuit Court was awarded $17,527 to purchase an FTR (“For The Record”) re-cording system, while Jennings Superior Court was given $12,473 and bought a recording system from BIS Digital to be used by Superior Court reporters Freda Neff and Delma Harmon.

“It is a huge improvement for us and, of course, the County Council was thrilled because they didn’t have to cover the costs. It was long past due,” said Judge Webster of the 1984 system they had used prior to the purchase and installa-tion of the FTR system.

A key advantage of the new system is its digital format. Gone are the days when a court report would load a cassette tape and turn it on. Now the record-ing is kept in a digital format on a disc or a hard drive. The material can be stored in a much more manageable way. Instead of storing boxes and boxes of cassette tapes, the digital recordings can be kept in a regular desk drawer or small filing cabinet.

Because the equipment is more effi-cient, the transcripts for an appeal can also be prepared more quickly. While this may not seem to matter, time is often of the essence when the well-being of a child is at risk or for other time-sensitive court matters.

The judges both acknowledged that their staffers had some trepidation about the new equipment.

“There was some apprehension at first (for Circuit Court’s court reporters, Linda Buchanan, Marnita Richart, and Tiona Sullivan) because it was new, but once they started using it, they liked it,” said Judge Webster.

Jennings County:from the old(the vernon Commons)

(Digital recording equipment)to the new

By DAvID J. remonDInI | CHIeF DepUty eXeCUtIve DIreCtor, stAte CoUrt ADmInIstrAtIon


Buchanan, who has seen several gen-erations of court reporting equipment during her 32-year career, is even more emphatic. “I love it!”

Both courts have agreed to participate in a pilot project with State Court Administration. While current court rules require written transcripts to be produced for appellate court review, the pilot project will determine if an audio transcript would be sufficient. A second option for the pilot project would be to provide a full audio-only recording to the appellate court and to require transcripts of only the specific parts of the trial or hearing at issue, rather than the entire case. The Jennings County courts will join five other courts in the court reporting pilot project.

Court Reform Grant Funds are avail-able to assist courts in a district or coun-ty in assessing their organization and also for helping implement recommend-ed improvements. Applicant courts will identify a particular problem they want to solve, reform they want to achieve, or a general belief that the district/county would benefit from an objective assessment of the current organization, management, and processes and identi-fication of best practices. Upon request, the Division of State Court Administra-tion will work with courts to develop grant applications and with the grant recipients to select an organization to perform the requested area of study.

top to bottom: 1 Linda Buchanan prepares to demonstrate the new system to Lilia Judson and elizabeth Daulton of state Court Administration, while Brian sanders talks with Hon. Jon Webster and Hon. Gary smith, all from Jennings County, in the background. 2 A rack of equipment now installed in the courtroom. 3 (left to right) Hon. Gary smith, speaks with Jim maguire (state Court Administration), Freda neff, and Delma Harmon at the demonstration.

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tHIs Is tHe tentH oF oUr CoUrt tImes ArtICLes tHAt HIGHLIGHt Up CLose AnD personAL A memBer oF tHe InDIAnA JUDICIAry. KnoX CoUnty sUperIor CoUrt JUDGe JIm r. osBorne Is oUr JUDGe FeAtUreD In tHIs IssUe. JUDGe osBorne serveD As A KnoX CoUnty DepUty proseCUtor From 1975-1976 AnD As tHe KnoX CoUnty CoUrt JUDGe From 1976 tHroUGH 1987 WHen tHe InDIAnA GenerAL AssemBLy ConverteD It Into A sUperIor CoUrt. Governor roBert orr AppoInteD HIm to serve As tHe neW sUperIor CoUrt JUDGe eFFeCtIve JAnUAry 1, 1988. He WAs FIrst eLeCteD As sUperIor CoUrt JUDGe In 1990, AnD re-eLeCteD In 1996, 2002, AnD most reCentLy In 2008. He GrADUAteD From InDIAnA stAte UnIversIty, In 1967, AnD InDIAnA UnIversIty sCHooL oF LAW-InDIAnApoLIs WHere He reCeIveD HIs DoCtor oF JUrIsprUDenCe In 1974. He Is A GrADUAte oF tHe InDIAnA JUDICIAL CoLLeGe In 1983. JUDGe osBorne Is A Former memBer oF tHe JUDICIAL etHICs CommIttee, AnD prevIoUsLy serveD For 15 yeArs As A memBer oF tHe BoArD oF DIreCtors, oF tHe JUDICIAL ConFerenCe oF InDIAnA. He CUrrentLy serves on tHe vInCennes UnIversIty FoUnDAtIon BoArD oF DIreCtors. JUDGe osBorne Is ALso A mAJor In tHe InDIAnA GUArD reserve.

WHAT DO yOU LIKE THE MOST AND THE LEAST ABOUT BEING A TRIAL COURT JUDGE?

I like the variety of civil and criminal cases and the other interesting and challenging tasks of being a judge while off the bench. I feel very fortunate to have the support of an outstanding and hard working staff, each of whom have helped make this job more manage-able. I don’t have many complaints as I look back over the past 34 years on the bench. If I may venture an opin-ion, I guess I’m from the old school and believe that cameras in the court-room should rarely, if ever, be allowed. Courtrooms have always been an open forum and there is no need for cameras rolling to prove that.

WHAT WAS yOUR MAJOR IN COLLEGE AND WHy DID yOU DECIDE TO STUDy LAW?

My undergraduate experience was at Vincennes University and Indiana State University. I majored in history and government. After teaching history for 4 years at my alma mater, Vincennes Lincoln High School, I decided to be a lawyer and began my first year at Indi-ana University Law School-Indianapolis in the fall of 1971. I think having lived through the ‘60s I wanted to be an advocate for people and causes.

WHAT WOULD yOU DO IF yOU WERE NOT A JUDGE?

I would be practicing law and in my non-working hours I would be doing about all the same things I’m doing now.

WHO ARE THE PEOPLE yOU MOST ADMIRE?

In my teens, I admired Winston Churchill and John Kennedy along with my football coach and history teacher. Today, I greatly admire the men and women of our Armed Services who have served our country, especially in time of conflict. Everyone should be grateful for their sacrifices.

WHAT ARE yOUR FAvORITE HOBBIES OR FAvORITE LEISURE ACTIvITIES, AND HOW DID yOU FIRST GET INvOLvED?

I have always had a fascination for his-tory and have enjoyed collecting historic artifacts, especially military. When I was 8 years old, my Father brought home a Civil War musket. Our next door neighbor gave me a box full of his war souvenirs that helped history come alive for me. I continued through grade school and high school filling my parents’ basement with items that I acquired from veterans of World War I and II, and also from a dozen Spanish-

American War Veterans who were living in Knox County. I was interested in the artifacts and the stories that went with them, and only regret that we didn’t have video cameras. During my col-lege days, the collection also included artillery pieces; and, during my teaching days, it expanded into autographs, rang-ing from Civil War Generals to United States Presidents.

My law school days were my lean years but after graduation I once again collected significant military artifacts including command cars, half-tracks, tanks and other vehicles from World War II. Some of these tanks and ve-hicles have appeared on TV programs, and in movies, including The Blues Brothers and A League of Their Own. I have collected these artifacts from a variety of sources and places, includ-ing veterans, antique shops, yard sales, other collectors, and overseas. The collection now includes thousands of military items from the Civil War to the present, including uniforms, insignia, weapons, gear, field equipment, artil-lery, vehicles, and aircraft.

In my quest for artifacts I have travelled from coast to coast in our country and to many points in Europe, especially England, France, and Germany. I’ve participated in digs in the battlefields of Normandy and helped discover Hitler’s basement at Berchtesgaden, which was erroneously thought to have been

Hon. Jim R. OsborneBy JAmes F. mAGUIre | stAFF Attorney, stAte CoUrt ADmInIstrAtIon


SIdEBar

totally destroyed in 1952. I have met hundreds, probably thousands, of veterans and former commanders, ranging from the famous, General Maxwell Taylor, to the infamous, Al-bert Speer, all with stories worthy of remembering. It has been a unique and rewarding experience.

At the urging of many friends, I helped establish the Indiana Military Museum, a 501(c) (3) corporation, so that a large portion of the artifacts may be seen and enjoyed by others. The Museum is operated by a corps of 35 volunteers and continues to expand. We have recently acquired 14 acres adjacent to the George Rog-ers Clark National Park. We hope renovations can be completed on existing buildings by next spring and the Museum can move from its pres-ent location in 2011. My hobby has been interesting and exciting. I don’t know what else I would rather have done with my spare time.

WHAT ARE yOUR FAvORITE BOOKS, AND HAvE yOU READ ANy RECENTLy, OR ARE READING NOW, THAT yOU WOULD RECOMMEND?

I prefer reading non-fiction books. My favorite author is Stephen Am-brose who I consider to be not only a great historian but a consummate story teller. Ambrose makes reading history interesting and enjoyable, whether it is about Lewis & Clark or the D-Day invasion. I’m cur-rently reading Interrogations: The Nazi Elite in Allied Hands, 1945 by Richard Overy, a Professor of Modern History at Kings College in London. He reviews the transcripts from several of the major defendants at the Nuremberg war trials in an effort to understand the mental and character weaknesses that made The Third Reich possible.


The Honorable Jim R. Osborne Indiana Military Museum Curator

Top: George Patton Waters, grandson of WWII Gen. George S. Patton, and Jim R. Osborne standing in front of an M-47 Patton tank which saw its first action in the Korean War. Photo taken July 2010. Pat Waters is on the Museum’s Honorary Board of Directors.

Bottom: Jim R. Osborne crushing a Mercedes with his WWII Sherman tank for CBS Program “America Tonight” with Debra norvell in 1996. (CBS provided the Mercedes). note the additional TV camera mounted on the side of the Sherman tank. This was the same tank that appeared in The Blues

Brothers movie.


WHERE DID yOU GROW UP AND HOW WOULD yOU DESCRIBE yOUR CHILDHOOD?

I was lucky to have wonderful parents and grew up in Vin-cennes, with a short diversion to Mattoon, Illinois, where my Father built a drive-in theatre in 1950. Between the ages of 5 and 10 I saw just about every movie made, which instilled in me an interest in history. Vincennes is a town rich in his-tory with the George Rogers Clark Memorial, William Henry Harrison mansion, and the site of the first Fort Knox. I lived half a block from Curtis G. Shake, a former Indiana Supreme Court Chief Justice and the presiding judge for the U.S. Military Tribunal in the case against I.G. Farben Industries officials in Nuremberg, Germany. I spent many hours visiting with him and listening to his judicial experiences. Vincennes is a place where the friends you make growing up remain your friends for life.

DO yOU HAvE A FAvORITE qUOTE?

I have two favorite quotes:

“Those who cannot remember the past are condemned to repeat it.”

—George Santayana

“Everybody is ignorant only on different subjects.”

—Will Rogers

WHERE IS yOUR FAvORITE vACATION SPOT?

I have two criteria for vacations: if it’s for fun and excitement, I travel with the guys to historic sites, battlegrounds, etc.; and, if it’s for fun and relaxation, my wife Linda and I enjoy the beaches of the Dominican Republic or the mountain air and scenery of Austria.

DO yOU HAvE A FAvORITE MEAL, RECIPE, AND RESTAURANT?

Like a good Hoosier, I love fresh produce like sweet corn, new potatoes, strawberries, and Morel mushrooms (when you can find them). My favorite cuisine is Italian and I have 2 favorite restaurants in Vincennes: La Cucina and Procopio’s, and both have their distinct Italian recipes. ■

Thereafter, the grant recipient will need to apply for a second grant to help implement the recommendations. Recipients of the initial study grants with successful studies will have preference for subsequent implementa-tion grants.

Judges may apply for these grants by June of each year by submitting an application to the Division of State Court Administration. Proposed projects must engage the majority of judges in the district or county. We strongly recommend collaboration with and input from the court clerks and the local bar. The court reform grants target three broad areas, which are listed in the order of prior-ity: governance and efficiency efforts at a district level; governance and efficiency efforts at the county level; and innovative programs and technologies at either district or county level.

And that park in Vernon? Called “the Vernon Com-mons” by locals, it is on the east side of the square near the courthouse on the Muscatatuck River and still used regularly by Jennings County families. ■

Hon. Jim R. Osborne Jennings County

Left to right: Hon. Jon Webster, Lilia Judson, and Hon. Gary smith.

ContInUeD From pAGe 9ContInUeD From pAGe 11

PHOTOS. David J. Remondini.


2010 Indiana CLeo Fellows

Given the increasingly competi-tive climate evident in the legal community in recent years, it is

imperative for law students and gradu-ates to have substantial work experience when seeking employment. The Gate-way to Diversity Summer Employment Program, a joint initiative of the Indi-ana Conference for Legal Education Opportunity (ICLEO) and the Indiana State Bar Association’s Committee for Diversity in the Legal Profession, began in 2000 and is designed to do just that. The Gateway program attempts to link all minority students attending one of Indiana’s four law schools and eligible Indiana CLEO Fellows to employment opportunities in all sectors of Indi-ana’s legal community. Each year in November, ICLEO sends to all eligible participants a Gateway resource guide complete with all participating employ-ers to make the students aware of the employment opportunities available for the following summer.

Several participating employers have been long time supporters of the Gateway program. The Indiana Court of Appeals is one example. Appellate Court Judge Carr L. Darden recalls Rudolph Pyle, a 1997 ICLEO Fellow, who worked in his chambers in 2000 and later became Madison County’s first African American judge. Judge Darden is “impressed with the Indiana CLEO program overall” and is “glad to give ICLEO Fellows exposure to the practice of law that they may not otherwise receive.” According to Judge Darden, “law students can only learn so much in theory.” The experience of working in the Court of Appeals, in Judge Darden’s opinion, helps to make Fellows “more confident and less in-hibited” when they graduate and being practicing law.

Henry County Circuit Court Judge Mary Willis is another long time Gate-way supporter. She sees the program as a valuable resource and is always eager to hire an ICLEO Fellow. In fact, for the last three years, Judge Willis has been the first employer to notify the ICLEO program office that she will be hiring an ICLEO student for the summer. Judge Willis says about the Gateway program and Indiana CLEO Fellows: “Henry County has been privi-leged to work with the ICLEO Gateway Program since 2005. It is a wonderful teaching and mentoring opportunity for employers to nurture our youngest law school colleagues as they embark on their legal careers. The student partici-pants are always eager to learn new fac-ets of the law and are enthusiastic about the projects that are assigned to them. After having worked with five very qualified candidates, I can attest that it has been a very rewarding experience to see firsthand how the students are

able to hone and sharpen their practical skills and legal reasoning in a few short summer weeks and bring together the esoteric and academic subjects into the real world of litigation and practice.”

In addition to exposing Fellows to invaluable work experience, the Gate-way Program lays the groundwork for talented students to remain in Indi-ana and bolsters the expertise of our own legal communities. The Gateway Program increases the likelihood that ICLEO Fellows who have Indiana work experience under their belts will keep their talents and skills within our great state. The Gateway to Diversity Sum-mer Employment Program is seeking to increase the number of available employment opportunities for students. Potential employers are encouraged to visit the ICLEO website at courts.In.gov/cleo. ■

requests for further information and questions may be directed to robyn rucker at 317.234.1376 or [email protected].

ICLEO: Gateway to DiversityS u m m e r e m p l o y m e n t p r o g r a m

By roByn rUCKer | stAFF Attorney AnD ICLeo CoorDInAtor, stAte CoUrt ADmInIstrAtIon


With the upcoming vacancy resulting from Justice theodore r. Boehm’s decision to step down from the Indiana supreme Court, there exists a renewed interest about how justices are

selected to our state’s highest court. In particular, many questions have been posed about the role of the Judicial nominating Commission in Indiana’s selection process. Given this increased attention, I decided to set aside my usual discussion about judicial ethics in this column in order to answer some of these recurring questions.

What is the Judicial nominating Commission?In 1970, the Indiana Constitution was amended to create the Indiana Judicial Nominating Commission. By Con-stitution and statute, the Nominating Commission is charged with vetting applications and submitting a list of the three most qualified applicants to the Governor for each vacancy that occurs on the Supreme Court, Court of Appeals, or Tax Court. The Governor then appoints an individual from that list to fill the vacancy.

How does the nominating Commission select its nominees?Typically, the Commission first publicly announces the vacancy and solicits applications for the position. After selecting appropriate applicants for further consideration, the Commission conducts background checks, publicly interviews the selected candidates, and deliberates in private about the can-didates’ qualifications. I.C. § 33-27-3 et seq. By statute, the Commission is required to consider each candidate’s legal education, legal writings, reputa-tion in the practice of law, physical ability to do the job, financial interests (for conflict-of-interest purposes), public service activities, and any other perti-

nent information the Commission feels is important to select the most qualified candidates. See I.C. § 33-27-3-2. The Commission then votes in a public session for the three top nominees and submits a report to the Governor with a summary of the three nominee’s quali-fications. The Governor then has 60 days to make the final appointment.

Are there any procedures that the Governor must follow before making his selection? No, the Governor has no restrictions in the steps he may use in making his appointment. He may interview each of the three candidates and conduct whatever process he deems appropriate in making his final decision.

What happens if the Governor doesn’t make a selection within 60 days?Indiana Code § 33-27-3-4 provides that if the Governor does not make an appointment within 60 days, then the Chief Justice of Indiana is required to make a selection from the list of three nominees. To date, this section has never been invoked, as no Indiana Gov-ernor has forfeited his power to appoint a justice of the Indiana Supreme Court.

How are the members of the Judicial nominating Commission selected?The composition of the Commission is governed by Article 7, Section 9 of the Indiana Constitution and I.C. § 33-27-2 et seq. The Nominating Commission consists of seven members: three attorney members, three non-lawyer members, and the Chief Justice of Indiana, who is the ex officio Chairman of the Commis-sion. An attorney and a non-attorney representative are chosen from each of three geographic districts of the Court of Appeals. Attorney members serve three-year staggered terms, after being elected by the attorneys in their respective districts. The Governor appoints the non-attorney members, one from each of the Districts, to serve three-year terms. Other than the Chief Justice, all Commission members must reside during their tenure within the district from where they were appointed or elected.

Are there any limits on who can be a member of the nominating Commission?The State Constitution sets other limits regarding who may serve on the Nomi-nating Commission. No member of the Nominating Commission, other than the Chief Justice, may hold any other salaried public office, and no member

the role of the Judicial nominating Commissionin Judicial Selection

By ADrIenne meIrInG CoUnseL to tHe InDIAnA CommIssIon on JUDICIAL qUALIFICAtIons

aSK adrIENNE


may hold an office in a political party or organization. Article 7, Section 9 of the Indiana Constitution further indicates that no member of the Nominating Commission is eligible for appointment to a judicial office during the member’s tenure with the Commission and for a period of three years after the expira-tion of his/her term.

Who is currently on the nominating Commission?Christine Keck, an Evansville resi-dent and the Director of Strategy and Business Development for Renewable Energy at Energy Systems Group in Newburgh, and James O. McDonald, Esq. of Terre Haute serve as the Com-mission’s First District representatives. Fred McCashland, an Indianapolis resident and retired government teacher from Brebeuf Jesuit Preparatory School, and John C. Trimble, Esq., a senior partner at Lewis Wagner, LLP in In-dianapolis, serve as its Second District representatives. Mike Gavin, a Warsaw resident and Senior Vice President, Credit Administration, at Lake City Bank in Warsaw, and John O. Feighner, Esq., a partner at Haller & Colvin, P.C. in Fort Wayne, serve as the Third Dis-trict representatives. Indiana Supreme Court Chief Justice Randall T. Shepard is the Chair. All members have voting rights.

How many Indiana justices have been appointed under the merit selection system?Eight. Justice Alfred Pivarnik, who joined the Indiana Supreme Court in 1977 and served through October 1993, was the first justice selected under the nonpolitical merit selection system. Be-sides the five current justices, the other justices selected under this system are Justice Jon Krahulik, who served from December 1990 to October 1993, and

Justice Myra C. Selby, who served from January 1995 to October 1999.

Over the years, what has been the gender distribution of the nominating Commission’s Supreme Court nominees?Since 1985, the Judicial Nominating Commission has nominated eight women and sixteen men to the Indiana Supreme Court. (Judge Betty Barteau was nomi-nated by the Commission twice.)

How many of the Commission’s nominees were sitting judges?Since 1985, thirteen individuals who were selected as the Commission’s final nominees were sitting judges at the time of their nominations. (Judge Barteau was an Indiana Court of Appeals judge at the time of both her nominations.)

Given the role that recommendations play in the selection process, are current judges permitted to submit recommendation letters on behalf of a particular candidate?Ok, so I sneaked in an ethics question, but I have been asked this one a lot in the last few months. Yes, judges may participate in the selection process by writing letters of recommendation for particular candidates or by oth-erwise initiating communications or responding to inquiries from Commis-sion members about the professional qualifications of a person considered for judicial office. See Ind. Judicial Conduct Rule 1.3, Comment 3. Judges even may use official court letterhead for these recommendations. ■

Judicial Nomination Commission’s Supreme Court Nominees since 1984

Justice Donald Hunter’s Vacancy – 1985 Hon. raymond thomas Green patrick Woods Harrison *Hon. randall t. shepard

Justice Dixon Prentice’s Vacancy – 1986 Hon. robert staton Lila J. Cornell *Brent e. Dickson

Justice Alfred Pivarnik’s Vacancy – 1990 Hon. John G. Baker Hon. Jeanne m. Jourdan *Jon D. Krahulik

Justice Jon Krahulik’s Vacancy – 1993 Hon. Betty A. Barteau Hon. James s. Kirsch *Frank sullivan, Jr.

Justice Richard Givan’s Vacancy – 1994 Hon. Betty A. Barteau Anne marie sedwick *myra C. selby

Justice Roger DeBruler's Vacancy – 1996 *theodore r. Boehm Hon. sanford m. Brook Hon. edward W. najam, Jr.

Justice Myra Selby’s Vacancy – 1999 mary Beth ramey *Hon. robert D. rucker Hon. nancy H. vaidik

Justice Theodore Boehm’s Vacancy – 2010 Hon. steven David Hon. robyn L. moberly Karl L. mulvaney

* Candidate selected by the Governor

Trial courts can seek advice on judicial ethics issues by contacting Adrienne Meiring directly at

(317) 232-4706 or [email protected].


PLEASE CIRCULATE TO CO-WORKERS

This newsletter reports on important administrative matters. Please keep for future reference. 16 JUL/AUG 2010 courttimes

courttimes now has a blog!Our newsletter is now available entirely online in a searchable website with email subscription.

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Indiana supreme Court Division of state Court Administration 30 south meridian street, suite 500 Indianapolis, In 46204

EDITORIAL BOARDLilia G. Judson, Publisher executive Director, state Court Admin.

David J. Remondini, Managing Editor Chief Deputy executive Director, state Court Admin.

James F. Maguire, Editor staff Attorney, state Court Admin.

Lindsey Borschel, Publication Designer Web Coordinator, state Court Admin./JtAC

MISSION 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].

CONTRIBUTORSHon. Marianne L. Vorhees, Delaware Circuit Court

David J. Remondini, Chief Deputy executive Director, state Court Administration

Mary L. DePrez Director & Counsel for trial Court technology, state Court Admin. / JtAC

Adrienne Meiring Counsel, Commission on Judicial Qualifications, State Court Administration

James F. Maguire staff Attorney, state Court Administration

Robyn Rucker staff Attorney, state Court Administration

Documents

Indiana Court Times 19.4