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Friday, March 25, 2011
Ind. Courts - COA panel hears oral argument at Indiana State student union
Lisa Trigg reports today in the Terre Haute Tribune-Star:
TERRE HAUTE — In the latest episode of “Appeals on Wheels,” three judges listened Thursday to an argument that a man’s “sloppy kiss” was not sexual battery, even though the recipient of the kiss was asleep when he kissed her.While the kiss did awaken the sleeping woman, she rebuffed his advances and asked him to stop, which he did.
Did his actions constitute sexual battery, as defined by Indiana law? Was the jury misled about the charge by the prosecutor? Did the trial court accurately instruct the jury about the charge the man faced?
A panel of judges from the Court of Appeals of Indiana heard oral arguments in Roland Ball v. State of Indiana in front of a student audience at Indiana State University, giving exposure to courtroom drama, or the lack thereof, to many potential law students.
“For us, this is a real courtroom,” Chief Judge Margret G. Robb said, explaining that the court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch.
“I think you have a right to know how your judiciary operates,” Judge Carr L. Darden added. Courtrooms in Indiana are open to the public, and it can be an eye-opener to see how the judicial process works. * * *
The trial courts are the workhorse of the Indiana judiciary system, Robb said, recognizing the efforts of four Vigo County judges who attended the Court of Appeals session — Vigo Superior Court judges Phillip Adler, David Bolk, Michael Rader and Christopher Newton.
A student question about the politicization of the retention of judges brought varying opinions from those who sit on the bench.
Darden said that while some states appoint judges for life, Indiana has a mixture of elected and appointed justices. Some judges come to the bench with an agenda, others are faced with making unpopular decisions that could result in their ouster in future elections.
Bolk noted that the issue has been discussed at the state judiciary level, and there is a wide divergence of opinion. Some judges feel they should be elected, while others feel they should be retained on a merit-based system, he explained.
Another student question about withholding political views when issuing decisions brought insight from Darden.
“When it’s a bench trial, you listen with a different ear,” he said. “When a jury hears a case, you’re a reference. Sometimes, it’s better to put faith in a jury, and if it’s a technical matter, it may be better to go with a bench trial.”
Robb agreed that while she may have a personal preference on an issue, her personal opinion does not fit within the legal parameters of the court.
Judge Newton, who hears many of the county’s domestic violence cases, said there are times he has felt he had to make decisions that were “pretty distasteful” and against his personal belief, but the law defines his options.
Rader, who oversees the county drug court, agreed.
“There’s a common misperception from the public that judges have ‘power’,” Rader said, but looking at the facts and the law, judges have little discretion. “We are bound by what the law is.”
Asked about how the judicial landscape has changed through the years, Darden replied with a smile.
“Oh, it’s gotten much better in my time,” the Tennessee native said. “I was the only African-American in my graduating class.”
From her perspective, Robb pointed out that it is now common to see women in the judiciary around the state.
“I think of the 5 women out of 15 on the Court of Appeals, we are probably a majority,” she said, laughing.
Posted by Marcia Oddi on March 25, 2011 10:34 AM
Posted to Indiana Courts