September 2011
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Indiana's Civic Health Report: Action Needed to Improve Hoosiers' Civic Health
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The results are in, and the state of civic health in Indiana will surprise few. Indiana ranks behind the national averages in voting, voter registration, discussions about politics, involvement in groups and leadership in groups. Read the report. Judge for yourself. Then join us for one of the most effective means of creating engaged and informed citizens: educating students about civics.
The board of directors would like to thank the sponsors of the September 14 reception where we launched the news about the Indiana Civic Health Index with more than 400 stakeholders in attendance. We are grateful for the support of Barnes & Thornburg, Baker & Daniels, Church Church Hittle & Antrim and Van Winkle Baten Dispute Resolution. Your help contributed to the success of this event. Our thanks also to attorney Bruce Kolb for displaying his personal collection of historical documents.
 If you have questions about how you can become more involved, contact Andrew Homan. Here are some of our ideas.
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Visionary firm support for We The People
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Bamberger Foreman Oswald & Hahn, LLP has signed on as a Visionary sponsor of Indiana’s premiere civics program We the People. A regional Indiana law firm founded in Evansville more than 50 years ago, Bamberger is the third Indiana law firm to pledge $10,000 to the campaign An Hour For Civics for the next five years.
“The leadership and community support shown by the partners at Bamberger is outstanding,” said Charles R. Dunlap, executive director, Indiana Bar Foundation. “Their investment in civic education means our programming will remain a strong learning opportunity for Indiana students. Bamberger’s recognition of this with financial support demonstrates a phenomenal commitment to improving community and youth leadership development around the state.”
“We are proud to be one of the first law firms to partner with the Indiana Bar Foundation’s We the People campaign,” said Terry Farmer, Bamberger’s Managing Partner. “With our growth in Indianapolis and throughout the state of Indiana, it makes perfect sense to us – a regional Indiana law firm that serves the entire state to support a foundation that provides legal resources and education to youth. This is a great cause and we are honored to be a part of it.”
Bamberger’s gift will be complemented by individual gifts from attorneys in the firm’s six Indiana offices. Signing as a visionary sponsor means the firm will donate annually and conduct an internal campaign among attorneys asking them to make tax-deductible gifts to the Foundation as well.
Two additional Indiana firms have signed as visionary sponsors of civic education: Barnes & Thornburg, LLP and Taft Stettinius and Hollister LLP.
The Indiana Bar has operated civic education programs for decades with a large component of the funding from federal sources. However, the elimination of federal funding means the Foundation must pursue more private gifts to ensure 5th, 8th and 12th graders have district and state competitions to demonstrate their knowledge and skills learned over a semester of classroom instruction.
The We the People: The Citizen and the Constitution curriculum focuses on the U.S. Constitution, the principles expounded by the founders, and how those principles are manifested in today’s society. Students learn not only the content but also demonstrate critical thinking skills, teamwork and public speaking. Competing in district and state events gives students an opportunity to be judged by panels of attorneys, members of the judiciary and other community supporters. Judges are often impressed by the level of knowledge the students demonstrate about constitutional principles as they apply to today’s societal issues.
For a list of schools that use the We the People curriculum and statistics on the program impact, visit this web page. To learn more about civic education, visit the Foundation’s website.
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"Where the magic happens"
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District competitions are “where the magic happens,” according to Bill Jonas, South Bend, former ISBA president and We The People advocate. You can judge We The People district or state competitions in cities close to your home or office. Nine congressional districts will hold competitions, and volunteers should count on a two- to four-hour commitment. Initial dates and contact information follow.
District 1 - October 31, Federal Courthouse, Hammond
District 2 - November 14, St. Joseph Circuit Court courtroom, South Bend
District 3 - November 4, University of St. Francis, Fort Wayne (High School)
District 3 - November 11, University of St. Francis, Fort Wayne (Middle School)
District 4 - November 17, IUPUI, Indianapolis
District 5 - November 16, IUPUI, Indianapolis
District 6 - November 22, Ball State University, Muncie
District 7 - November 14, IUPUI, Indianapolis
District 7 - November 15, IUPUI, Indianapolis
District 8 - November 15, Crossroads Christian Church, Newburgh
District 9 - TBD
The state competition is December 17-18 in Plainfield, 20 minutes west of Indianapolis at Plainfield High School. Middle school teams will compete on Saturday with high school competing on Sunday. To volunteer, contact a district coordinator above, or forward your availability to Andrew Homan, director of civic education.
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“Participating in We The People as an elementary, middle, and high school student made all the difference in my adult life. ... it also transformed how I interact with my community and government. I understand the importance of being an informed citizen and the power behind an active citizenry. We The People has made me proud of our country’s foundation and devoted to the continued success of our strong democratic tradition.”
- Kelly Childs
Fort Wayne native
currently a student at Boston University Law School
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Federal funding for civic education programs nationally and in Indiana ended in September. Indiana’s civic education programs will continue but change is inevitable.
Schools will now pay for textbooks, and district competitions will require more private support. The board of directors and volunteers at the Indiana Bar Foundation are committed to raising the private support needed to fund the nine district competitions across the state, but we need your help. Medals and awards make a difference in rewarding students’ achievements. Costs vary by region, but with schools facing budget pressures of their own, it’s up to us, the Indiana Bar, to ensure that teachers and students continue this valued curriculum with as few obstacles as possible.
Textbooks will now range from $380 for a set of 30 for elementary school to $575 for high school books. Prices include shipping. These softcover books will likely undergo a great deal of wear and tear reducing their longevity. Until hardcover books are available, softcover will be the only option except an electronic version that may be used in some schools. The online edition is $20 per student.
Attorneys who have judged civic competitions are impressed with the level of knowledge and critical thinking skills displayed by teenagers. These students are our future leaders, as research shows the educational model of classroom instruction complemented by competitive experiences creates engaged and informed citizens.
Please help with a donation before December 31, 2011. The campaign An Hour For Civics requests you consider the equivalent of one billable hour. Why did the board settle on this level of giving? It is proportionate to each individual attorney’s capacity to give. Thus a solo practitioner in Evansville isn’t asked to do more than a member of a 200-person firm in Indianapolis. You may make a gift online at www.anhourforcivics.org or mail a donation to the Indiana Bar Foundation.
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Gift will ensure Students Enjoy a Robust Competition
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With assistance from the Allen County Bar Foundation, local students will enjoy a robust competition to acknowledge their achievements and constitutional knowledge. Funded through donations from members of the Allen County Bar Association, the ACBF granted the Indiana Bar Foundation’s request for support.
“Local attorneys have participated in judging this competition over the years and have experienced the dedication of the schools and the students who participate, said Mark Warsco, the president. "The Foundation is pleased to support this program which falls within our mission of educating the public concerning legal issues, our government, and our laws.”
The gift will be re-invested in the local community with expenditures at local businesses to provide services. District coordinator Rebecca Reeder indicated a 60 percent increase by middle schools interested in adopting the curriculum, including the entire eighth grade at one school. Now that schools will have to pay for textbooks, she worried it would deflate interest. The Allen County Bar Foundation’s gift will partially fund textbooks for new middle school and elementary school teams, as well as group lunches and awards
The board of directors at the Indiana Bar Foundation remains grateful the Allen County Bar Foundation has invested in local students’ futures by continuing and increasing their support for civics.
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November 1st Deadline Looms for Matching Gift Monies
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Barnes and Thornburg LLP agreed to donate $5,000 to the Richard M. Givan Loan Repayment Assistance Program (Givan LRAP) to help the Foundation meet a matching gift challenge from the Indiana Supreme Court. The firm’s gift will in effect double and moves the Foundation closer to the $175,000 matching gift goal.
This fundraising campaign is intended to help legal aid and pro bono organizations attract and retain attorneys. Many young attorneys just out of law school are burdened with substantial law school debt. The average debt balance for the 2010 LRAP applicants was $104,102. That debt forces people interested in becoming legal aid attorneys to forsake public service.
The Indiana Supreme Court is keenly aware that help is needed.
The Indiana Supreme Court, keenly aware that help is needed, contributed $25,000 in 2009 to the Foundation to restart its loan repayment assistance program (LRAP), which the Foundation renamed in honor of the late Chief Justice Richard M. Givan. The Court also challenged the Foundation to raise $175,000 by November 1, 2011, and it agreed to match any new monies raised.
In these tough economic times, legal aid and pro bono organizations are helping even more clients suffering from bankruptcy, tenant landlord disputes or child support matters.
A report on the legal needs of the poor produced in 2008 showed the facts. Consider:
~ 62 percent of those who sought legal representation from the pro bono programs were unable to obtain it, and
~ 75 percent of those who applied for assistance from Indiana Legal Services did not receive the help they needed.
If you would like to make your gift double in value, donate to the Givan LRAP before November 1st to ensure your gift is matched by the Court. Donate online at www.inbf.org/.
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By Capt. Kevin R. Leslie, Judge Advocate, Indiana National Guard
As of June 2010, the war in Afghanistan became our nation’s longest-running war, having surpassed the Vietnam War. To date, more than 5,000 service members have given their lives in the collective “War on Terror.” Whether there is a connection or not, the United States has not been attacked on its own soil since 9/11. Certainly, this can be attributed in part to increased vigilance and effort from our intelligence agencies, law enforcement and military.
In support of the global war on terrorism, the Indiana National Guard has deployed nearly 18,000 soldiers and airmen across the globe. From Afghanistan and Iraq to the Republic of Djibouti, Kosovo and countless other locations, the men and women of the Indiana National Guard have been at the forefront of these operations. Immediately after 9/11, guardsmen were activated to protect airports and other vital industrial and defense locations. In 2003, the Indiana Guard deployed an infantry battalion to support the initial ground assault into Iraq. In 2004, the 76th Infantry Brigade Combat Team deployed to Afghanistan to train the Afghan Army. That same brigade deployed again in 2007 to support stability and security operations within Iraq. In 2009, the 38th Infantry Division Headquarters deployed to Afghanistan as part of the Afghan “surge.” Numerous other smaller sized units have deployed during that time to areas across the globe. And, again, the Indiana National Guard is being called to deploy nearly 4,000 troops in the coming year.
Indiana has and continues to provide a key component to global security operations in the current war on terror. It is not by accident that Indiana continues to get the call. Indiana has the fourth largest number of guard members, behind only California, Texas and Pennsylvania. It is a testament to Indiana’s sense of service and patriotism that it ranks 15th in population within the union, but has the fourth largest National Guard.
Deployments have become a fact of life for members of the Guard. Most soldiers and airmen have been a part of at least one mobilization and many more on multiple. These citizen soldiers are called to leave their current walk of life, whether student, mechanic, manager or steel worker, to wear the uniform and answer the nation’s call. In the tradition of the colonial minutemen that fought for liberty and freedom at Lexington and Concord, today’s citizen soldiers are asked to serve their country in defense of freedom.
In preparation for deployment, each service member is required to tend to any legal affairs that need to be addressed. This includes preparing a will, power of attorney, invoking rights under the Servicemembers Civil Relief Act and the Uniformed Services Employment & Reemployment Rights Act. Even after a soldier deploys, the need for legal services will continue as issues arise on the home front.
It is in the Hoosier tradition of selfless service that a committed effort was made to help our deployed and deploying service members. That organization is the Indiana Lawyers for Soldiers Program. The program began a little over two years ago and has matched up attorneys with soldiers and family members in need of legal services for numerous types of legal issues, including landlord/tenant, guardianships, bankruptcy and minor criminal offenses. To date, the program has assisted nearly 50 soldiers and their families.
As Indiana prepares to deploy the largest number of service members since 9/11, the Indiana Lawyers for Soldiers Program is looking for volunteers to assist soldiers and their families. Please consider volunteering your time to help a soldier in need and show your thanks for their service. If you are interested in volunteering, contact Kristina Landeck at the Indiana National Guard Staff Judge Advocate Office at 317-247-3449 or via email.
In addition to volunteering with the Indiana Lawyers for Soldiers Program, please consider joining a newly proposed committee within the ISBA, the Military & Veterans Affairs Committee. Once approved by the State Bar’s Board of Governors, this committee is expected to be fully functioning by the end of 2011. It will be dedicated to addressing issues commonly found by those practicing in the military or veterans’ affairs arena or those who want to become more involved in helping bridge the gap between private practice and the military. This committee’s focus will be educational and service-oriented.
The article above was previously published in Res Gestae.
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Life Fellow Leslie Duvall was selected as the 2011 Legendary Lawyer by a committee of his peers. Duvall’s career included extensive public service and private practice in several Indianapolis law firms. He will be honored Tuesday, September 27 at a ceremony at Lewis & Kappes. Join us for this 4:30 p.m. event and RSVP to the Indiana Bar Foundation.
Duvall was a member of the Indiana Senate from 1966 – 1985. It was a time when political arguments rivaled those of today but the bitter partisanship we see today was unheard of. Duvall, a Republican, and his wife were close friends with his fellow senator from across the aisle Frank O’Bannon and his wife Judy.
Duvall’s career led him to handle many complicated issues. Those that gained notoriety were: unification of the Marion County Courts, the halt of production of the Marble Hill nuclear power plant in Madison, Indiana, and effects of that closure and the closure of the Bailly plant in northern Indiana.
Formidable Issues as State Utility Commissioner
In addition to almost 20 years in the state senate, Duvall was appointed chair of the Indiana Utility Regulatory Commission (IURC) in 1985 by the late Governor Robert Orr where he served until 1989. During his time with the IURC, Duvall made many tough decisions, including the cancellation of the Marble Hill nuclear power plant in Madison, Indiana, due to cost overruns and quality control problems. He presided over other hot button regulatory issues during that time: effects on utilities of the federal Tax Reform Act of 1986, the controversial electrical territorial disputes over which utility should serve automotive plant sites and the beginning of the movement to examine what parts of the telephone industry could or should be deregulated. Several electric utilities in Indiana neared or entered bankruptcy during his tenure. As ubiquitous as utilities are in the lives of consumers, few of us can probably imagine the breadth and depth of issues he mastered during his professional career in the utility regulatory position.
Acting In the Public’s Interest
Yet Duvall’s time at the Commission was also marked by respect for the public. He was very supportive, according to colleagues, of an educational program about utility regulation for Indiana teachers called “The Balancing Act: How Utility Rates are Decided.” He also pushed expansion of field hearings to provide information about the Commission in a more understandable format for the public.
The unification of the Marion County Superior and Municipal courts was another area where Duvall was instrumental in shaping important governmental structures. Specifically the Marion County Court unification involved absorbing the Superior Courts into the Municipal Courts and redesigning how the judges were elected. In the early 1970s, national scandals involving Watergate and the Vietnam War had eroded the public’s trust in institutions. Republicans, holding the majority of state and local offices, were swept from office. Judicial candidates, often not well known and reliant on political party affiliation, were elected based on the traditional method of which individual candidate received the most votes. As a result, the entire municipal bench was ousted in one election due to the party affiliations of the candidates.
Finding enough qualified and competent candidates was sometimes a challenge. Through Duvall’s efforts, a legislative compromise evolved in 1986 and led to electing judges in a way that no one single political party would dominate the courts. The compromise: each of the two major political parties slates an equal number of judicial candidates (at that time eight candidates per party for 15 posts). Those with the most votes overall are elected, thus leading to a more balanced bench in terms of party affiliation. More parity has meant less partisanship and and an evolving trust in the election of judicial candidates with judges from both parties working together to manage the court system. Today, the Marion County Courts’ web site indicates its courts resolve 90,000 criminal and civil cases (excluding traffic violations) annually.
“Les was able to bring people together with a common vision for bettering the judiciary,” said the Hon. Ken Johnson, a magistrate now who was on the bench from 1979-2008.“No one could have done that but Leslie Duvall. The judiciary and the citizens owe him a tremendous debt of gratitude.”
Duvall has served the legal profession throughout his career. In addition to being a member of the ISBA, he is a member of the Indianapolis Bar Association – serving on the board of managers as well as the grievance committee. He clearly has the respect of his peers and his former employees. One former employee called him “the best boss I ever had.”
A Career of Service
Duvall chaired numerous committees for the Indianapolis and Indiana State Bar Associations, including those that established the Marion County Public Defendant Program and the unification of the Marion County courts. Duvall joined Lewis & Kappes in 1995 and is now retired. He was also an instructor at the Indiana University School of Law, from which he received his Juris Doctorate in 1949, and he is a Butler University graduate, class of 1948.
The Legendary Lawyer Award recognizes the careers of individual attorneys whose career commitments in areas of legal ethics, community involvement, public service and professionalism demonstrate the high calling and higher achievements of lawyers in modern society. The attorney selected must have been in practice for at least 50 years and be a Fellow in the Indiana Bar Foundation. The committee of Fellows selecting Duvall include: Hon. Cynthia Ayers, Indianapolis; John Maley, Indianapolis; Jeffrey Hawkins, Sullivan; Hon. Lorenzo Arredondo, Crown Point; and Catherine Nestrick, Evansville.
For information about the Legendary Lawyer Award, visit this page.
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