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Tuesday, August 18, 2009

Ind. Courts - "Judge Morton retired: Have garden, will travel"

Sarah O. Wilson's lengthy Aug. 15th story in the Rochester Sentinel begins:

After 30 years as judge of Fulton Circuit Court, a retired Doug Morton is finding time for himself these days, and it usually includes his grandchildren, gardens, golf game or some judicial assignments.

His new life seems to please him.

Morton, 63, took the bench on Jan. 1, 1979, and chose to end his career after three decades of deciding "disputes between individuals." A. Christopher Lee succeeded him Jan. 1.

Morton continues to serve the state as a senior judge, which he describes as somewhat like a substitute teacher. He needs to serve at least 30 days a year to receive state health insurance. He also continues the special judge assignments he received before retirement and serves as a hearing officer at the behest of the state Supreme Court.

"I have elected not to go back into private practice," he said. "I've been gone (from that situation) 30 years. That's a long time."

If called upon, he could mediate legal disputes. He explained that the goal in any dispute is to settle matters outside of the courtroom; inside "the loser loses more than the winner wins," he said.

Later in the story, this interesting section:
Morton said the judiciary experienced numerous changes throughout his career. Among them:

• "Computers changed everything. The sheer volume of work you can do." Communication between everybody, including the Supreme Court, is substantially improved. "Having computers allows you to spend more time judging and less time on administration."

• The creation of a Fulton Superior Court in 1993 took some pressure off Circuit Court. For example, felonies, not traffic-related, now are divided between the two courts. Circuit Court still has all juvenile cases.

• The addition of public defenders. "Instead of judges calling and asking a local attorney to take a case, we have a professional probation staff. I (was) very proud to be associated with the staff there. They are a marvelous set of people."

• A rise in self-representation. "Two-thirds of the (150 to 160) dissolutions (per year) don't have lawyers representing them. If it (the divorce settlement) is agreed to, it's OK, and I (could) help them make it legal. If it is not agreed to, they leave the courtroom and are not divorced."

• Fewer jury trials. Between 1979 and 1995, Morton averaged 16 jury trials a year and four to six of those were civil cases. More civil cases are resolved before trial, "probably" due to mediation.

• Gender balance. "When I took the bench, there were only two female judges statewide. Now more than 25 percent of the state judiciary is female. That truly has changed, big change."

Finally, Judge Morton recounts some of his memories:
• Murder trials. Larry Williams' was his first one, in 1980. "The first one is the most memorable." He said he handled four murder trials and another nine or 10 pleas during his career. Williams, 21, of Plymouth was convicted by a 12-person jury May 9, 1980, of murder in connection with the death of Claude Yarian, a Bourbon store owner, on March 6, 1979. Morton sentenced him to 130 years in prison, which the Indiana Supreme Court ordered him to modify to 110 years to do away with a 20-year sentence imposed for armed robbery.

• His shortest jury trial lasted one day. "We seated the jury, heard evidence and took a verdict before 3."

• His longest sequence of jury work lasted almost three months in 1994, with a six-week trial "right on top of" a five-week trial.

• The Caston earring case. "That was closer than people thought. The legal issues are right from the Bill of Rights, the Ninth Amendment, which speaks to personal appearance. It doesn't specifically say that, but the Supreme Court has taken it there." The trial was "high profile," he said. In 1991, Jimmy Hines, then a fourth-grader at Caston schools, wore a stud earring to school. When Caston instituted a ban on such behavior by elementary students in 1992, Hines continued to wear the earring, and Caston threatened his expulsion for doing so. The Indiana Civil Liberties Union sued on his behalf. On Sept. 30, 1993, Morton ruled Caston could impose a dress code based on "community standards" that bans earrings on boys. ICLU argued that Hines had a right to self-expression and individual identity. In February 1996, the Supreme Court accepted transfer, heard oral arguments and refused transfer of the Indiana Court of Appeals decision, which upheld Morton's decision.

Posted by Marcia Oddi on August 18, 2009 11:22 AM
Posted to Indiana Courts