Justices of the Indiana Supreme Court [1 ed.] 9780871953391, 9780871952882

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Published by the Indiana Historical Society Press in cooperation with the Indiana Supreme Court Indianapolis 2010

© 2010 Indiana Historical Society Press. All rights reserved. Printed in the United States of America This book is a publication of the Indiana Historical Society Press Eugene and Marilyn Glick Indiana History Center 450 West Ohio Street Indianapolis, Indiana 46202-3269 USA www.indianahistory.org Telephone orders 1-800-447-1830 Fax orders 1-317-234-0562 Online orders @ http://shop.indianahistory.org The paper in this publication meets the minimum requirements of American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI Z39. 48–1984 Library of Congress Cataloging-in-Publication Data Justices of the Indiana Supreme Court / edited by Linda C. Gugin and James E. St. Clair. p. cm. Includes bibliographical references and index. ISBN 978-0-87195-288-2 (cloth : alk. paper) 1. Judges—Indiana—Biography. 2. Indiana. Supreme Court—Officials and employees—Biography. 3. Indiana. Supreme Court—History. I. Gugin, Linda C. II. St. Clair, James E. KF354.I56J87 2010 347.772’03534—dc22 [B] 2010017352

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Table of Contents xiii

Editors’ Notes and Acknowledgments

xxi

by John G. Roberts Jr., Chief Justice of the United States

Introduction

1

JOHN JOHNSON December 28, 1816–September 10, 1817

5

JAMES SCOT T December 28, 1816–December 28, 1830

9

JESSE L . HOLMAN December 28, 1816–December 28, 1830

13

ISAAC N. BL ACKFORD September 10, 1817–January 3, 1853

17

STEPHEN C. STEVENS January 28, 1831–May 30, 1836

21

J O H N T. M c K I N N E Y January 28, 1831–March 4, 1837

25

CHARLES DEWEY May 30, 1836–January 29, 1847

29

J E R E M I A H C . S U L L I VA N May 29, 1837–January 21, 1846

33

SAMUEL E. PERKINS January 21, 1846–January 3, 1865; January 1, 1877–December 17, 1879

37

THOMAS L. SMITH January 29, 1847–January 3, 1853

41

A N DR E W DAV I S ON January 3, 1853–January 3, 1865

45

ADDISON L . ROACHE January 3, 1853–May 8, 1854

49

WILLIAM Z . STUART January 3, 1853–January 3, 1858

53

A L V I N P. H O V E Y May 8, 1854–January 1, 1855

57

SAMUEL B. GOOKINS January 1, 1855–December 10, 1857

61

JAMES M. HANNA December 10, 1857–January 3, 1865

65

JAMES L . WORDEN January 16, 1858–January 3, 1865; January 3, 1871–December 2, 1882

viii

J U S T IC E S OF T H E INDI A NA S UPR E M E C O URT

69

JAMES S. FRAZER January 3, 1865–January 3, 1871

73

J E H U T. E L L I O T T January 3, 1865–January 3, 1871

77

C H A R L E S A . R AY January 3, 1865–January 3, 1871

81

ROBERT C. GREGORY January 3, 1865–January 3, 1871

85

JOHN PET TIT January 3, 1871–January 1, 1877

89

ALEXANDER C. DOWNEY January 3, 1871–January 1, 1877

93

SAMUEL H. BUSKIRK January 3, 1871–January 1, 1877

97

ANDREW L . OSBORN December 16, 1872–January 4, 1875

101

H O R A C E P. B I D D L E January 4, 1875–January 3, 1881

105

WILLIAM E. NIBL ACK January 1, 1877–January 7, 1889

111

G E O R G E V. H O W K January 1, 1877–January 7, 1889

115

J O H N T. S C O T T December 29, 1879–January 5, 1881

119

BYRON K. ELLIOT T January 3, 1881–January 2, 1893

123

WILLIAM A. WOODS January 3, 1881–May 8, 1883

127

WILLIAM H. COOMBS December 2, 1882–January 1, 1883

131

ALLEN ZOLL ARS January 1, 1883–January 7, 1889

135

E D W I N P. H A M M O N D May 14, 1883–January 6, 1885

139

JOSEPH A.S. MITCHELL January 6, 1885–December 12, 1890

143

S I L A S D. C O F F E Y January 7, 1889–January 7, 1895

147

W A LT E R O L D S January 7, 1889–June 15, 1893

151

JOHN G. BERKSHIRE January 17, 1889–February 19, 1891

155

R O B E R T W. M c B R I D E December 17, 1890–January 2, 1893

159

J O H N D. M I L L E R February 25, 1891–January 2, 1893

TABL E OF C ON T E N T S

163

L E O N A R D J. H A C K N E Y January 2, 1893–January 2, 1899

167

JAMES McCABE January 2, 1893–January 2, 1899

171

T IMOT HY E . HOWAR D January 2, 1893–January 2, 1899

175

JOSEPH S. DAILEY July 25, 1893–January 7, 1895

179

JAMES H. JORDAN January 7, 1895–April 10, 1912

183

L E A N D E R J. M O N K S January 7, 1895–January 7, 1913

187

ALEXANDER DOWLING January 2, 1899–January 2, 1905

191

J O H N V. H A D L E Y January 2, 1899–January 2, 1911

195

FRANCIS E. BAKER January 2, 1899–January 25, 1902

199

JOHN H. GILLET T January 25, 1902–January 4, 1909

203

OSCAR H. MONTGOMERY January 2, 1905–January 2, 1911

207

QUINCY A. MYERS January 4, 1909–January 4, 1915

211

J O H N W. S P E N C E R April 15, 1912–January 7, 1919

215

D O U G L A S J. M O R R I S January 2, 1911–January 1, 1917

219

CHARLES E. COX January 2, 1911–January 1, 1917

223

RICHARD K. ERWIN January 6, 1913–October 5, 1917

227

MOSES B. L AIRY January 4, 1915–January 3, 1921

231

DAV I D A . M Y E R S January 1, 1917–December 31, 1934

235

L AWSON M. HARVEY January 1, 1917–June 25, 1920

239

HOWAR D L . TOWN SEND October 5, 1917–November 1, 1923

243

BENJAMIN M. WILLOUGHBY January 7, 1919–January 7, 1931

247

LOUIS B. EWBANK January 1, 1920–January 3, 1927

251

J U L I U S C . T R AV I S January 3, 1921–January 3, 1933

ix

x

J U S T IC E S OF T H E INDI A NA S UPR E M E C O URT

255

FRED C . G AUSE November 1, 1923–January 5, 1925

259

WILL ARD B. GEMMILL January 5, 1925–January 4, 1931

263

CL ARENCE R. MARTIN January 3, 1927–January 3, 1933

267

C U R T I S W. R O L L January 5, 1931–January 4, 1943

271

W A LT E R E . T R E A N O R January 8, 1931–January 4, 1938

275

MICHAEL L . FANSLER January 4, 1933–January 1, 1945

279

J A M E S P. H U G H E S January 3, 1933–January 1, 1939

283

GEORGE L . TREMAIN January 1, 1935–December 31, 1940

287

CURTIS G. SHAKE January 4, 1938–January 7, 1945

291

H . N AT H A N S WA I M January 1, 1939–January 1, 1945

295

FRANK N. RICHMAN January 6, 1941–January 6, 1947

299

M A R T I N J. O ’ M A L L E Y January 4, 1943–January 3, 1949

303

HOWAR D S . YOUNG SR . January 1, 1945–January 1, 1951

307

OL I V E R S TA R R January 1, 1945–January 1, 1951

311

FRANK E. GILKISON January 1, 1945–February 25, 1955

315

JAMES A . EMMERT January 6, 1947–January 5, 1959

319

PAU L G . J A S P E R January 3, 1949–March 31, 1953

323

ARCH N. BOBBIT T January 2, 1951–January 7, 1963

327

FLOYD S. DR APER January 2, 1951–January 10, 1955

331

DAN C. FL ANAGAN April 1, 1953–December 31, 1954

335

HAROLD E. ACHOR January 3, 1955–December 12, 1966

339

ISADORE E. LEVINE January 13, 1955–May 23, 1955

343

G E O R G E W. H E N L E Y J R . March 15, 1955–May 23, 1955

TABL E OF C ON T E N T S

347

FREDERICK L ANDIS JR . May 23, 1955–November 8, 1965

351

N O R M A N F. A R T E R B U R N May 23, 1955–May 13, 1977

355

A M O S W. J A C K S O N January 5, 1959–January 4, 1971

359

W A LT E R M Y E R S J R . January 7, 1963–June 2, 1967

363

FREDERICK E . R AKESTR AW January 7, 1966–January 2, 1967

367

DONALD R. MOTE January 3, 1967–September 17, 1968

371

DAV I D M . L E W I S June 21, 1967–January 6, 1969

375

DONALD H. HUNTER January 2, 1967–September 6, 1985

379

R O G E R O. D e B R U L E R September 30, 1968–August 8, 1996

383

R I C H A R D M . G I VA N January 6, 1969–December 31, 1994

387

D I X O N W. P R E N T I C E January 4, 1971–January 6, 1986

391

A L F R E D J. P I V A R N I K May 13, 1977–December 14, 1990

395

R A N D A L L T. S H E P A R D September 6, 1985–Present

401

BRENT E. DICKSON January 6, 1986–Present

405

J O N D. K R A H U L I K December 14, 1990–October 31, 1993

409

F R A N K S U L L I VA N J R . November 1, 1993–Present

413

MYRA C. SELBY January 4, 1995–October 7, 1999

417

THEODORE R . BOEHM August 8, 1996–September 30, 2010

423

R O B E R T D. R U C K E R November 19, 1999–Present

427

S T E V E N H . DAV I D October 18, 2010–Present

431

Photographs

449

Appendix, Indiana Supreme Court 1816–1853; 1853–1872; 1872–Present

451

Index

xi

Editors’ Notes and Acknowledgments Linda C. Gugin and James E. St. Clair This work on the judges and justices who have served on the Indiana Supreme Court was inspired by the Honorable Randall T. Shepard, chief justice of Indiana, who wanted to provide an invaluable resource about the history and operation of Indiana’s highest court for students, citizens, and lawyers. In this volume, the history of the Court is told through the lives and accomplishments of the 105 men and one woman who were members of the Court up through 2010. The reader will find not only standard biographical information about each justice, but also interesting personal stories that give additional insight into the lives and times of the justices. Thanks to the diligent work of its sixty-six contributors, readers should be able to more fully appreciate the legal expertise, as well as the human dimensions, of the justices. Few readers will consume this book from beginning to end, so we want to provide the reader with some important historical background about the Court that will help in understanding the context of each essay.1 The Court today is significantly different than the state’s first Supreme Court that was established in 1816 when Indiana became a state. The first court began operations on May 5, 1817. It consisted of three judges appointed by the governor with “advice and consent” of the Indiana Senate. They served seven-year terms. In 1850 a constitutional convention was held, primarily to deal with the problem of the state’s bonded debt, but the convention delegates also made important changes in the organization of the Court in terms of method of judicial selection, length of terms, and size. Election of judges by the people replaced gubernatorial appointment. Terms were limited to six years, but there were no limits on the number of terms. With partisan elections, however, the length of judicial tenure was shortened by tides of party strengths or weaknesses, unpopular court rulings, and the whims of the voters. The Indiana Constitution of 1851 also stipulated that the Court would consist of no less than three nor more than five judges. In 1852 the Indiana General Assembly increased the size of the Court to four judges, each of whom was elected from one of four districts on a statewide ballot, and they began their

xiv

J U S T IC E S OF T H E INDI A NA S UPR E M E C O URT

terms on January 3, 1853. In 1872, due to an increasing caseload, the size of the Court was expanded to five. Despite various efforts to increase the size of the Court since then, it remains at five. Due to what some considered undue partisanship in judicial decisions and instability caused by frequent turnover on the Court, advocates of judicial reform began lobbying as early as the 1950s to remove partisan politics from the judicial selection process. The general assembly, responding to these efforts, drafted an amendment to the state constitution that would substantially reform the Court. This amendment, approved by the voters in November 1970, brought about several significant changes. It replaced partisan elections of appellate court judges with a merit-based system of gubernatorial appointment coupled with nonpartisan retention elections. Under this process, a Judicial Nominating Commission, comprised of citizens and attorneys, screens candidates for both the Supreme Court and the Court of Appeals and recommends three to the governor, who then appoints one of

INDIANA SUPREME COURT

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