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Appeals on Wheels returns to DePauw
A tradition that brings the Indiana justice system to DePauw University for students’ benefit returned on Friday.
A panel of Indiana Court of Appeals judges heard oral arguments before an audience of mainly DePauw students at the Inn at DePauw as part of Appeals on Wheels.
This award-winning traveling oral arguments program takes the Indiana Court of Appeals on the road to various secondary and post-secondary institutions as well as other locations.
It’s a way for all citizens, whether they’re technically “students” or not, to learn a little bit more about how the appeals court works.
“The trial judges do most all the heavy lifting in this system,” Judge Terry Crone explained following the arguments. “And we’re like the replay booth.”
Friday was a homecoming for Crone. First of all, he and retired political science professor Bruce Stinebrickner worked together for 18 years to ensure that Appeals on Wheels returned to DePauw each year.
While Stinebrickner’s retirement and the COVID-19 pandemic put the brakes on that for a few years, it’s now back thanks to history professor David Gellman.
More personally, Friday was a nice return for Crone, a 1974 DePauw graduate, before his November retirement from the court of appeals.
“I had a wonderful education here and made many wonderful friends. I lived in the Sigma Nu house, which is now the alumni office,” Crone recalled. “I received a nice education here, went to Notre Dame Law and then practiced law in South Bend for a while.
“I was a trial judge in South Bend for 18 years and have been on the Court of Appeals for 20,” he added. “I’m retiring Nov. 5 and taking senior status and hoping I can spend a little more time relaxing and traveling while I’m still able to do so.”
During his time at DePauw, Crone was a history and political science double major, studied abroad in Athens and was able to attend the 1972 Olympics in Munich with a buddy from the track team.
“I ran track, and I still have the third-fastest 200-meter time in the history of the university. I can’t do it anymore,” he said with a laugh.
Even if his retirement wasn’t at hand, Crone said it’s always nice to return to his alma mater.
“I actually had my 50th college reunion here in June and came back for that,” Crone said. “Every time I come back here, I wander through the old Sigma Nu house and look at all the rooms where I used to live, including the room where my roommate and I had a monkey for a while. I wander around campus. A lot of great memories. The campus has changed a lot but just a beautiful, beautiful place and a great education. I’m very pleased with it.”
For current students, part of that great education was getting to witness the arguments in A.H. vs. State in person.
The case at hand involves the arrest of a 14-year-old, A.H., by an Indianapolis Metropolitan Police Officer, and his subsequent adjudication on weapons and drug charges. Counsel for A.H. argued that the state failed to prove his guilt beyond a reasonable doubt for the gun charge and that the drugs were seized in an unconstitutional search.
While no decision was rendered, those considering a law career got an up-close look at the considerations attorneys must make and just how challenging appearing before an appeals court panel of judges can be.
During the question-and-answer period, the judges stood in front of the bench and the students got a look at just how normal these robed figures can be.
Asked to what extent personal ethics matter in making judicial decisions, the students learned that there is not a straightforward answer.
“Through law school, you will learn to compartmentalize yourself,” Judge Peter Foley of Morgan County said, later adding, “I’ve ruled in favor of a lot of people I’m not bringing home for dinner.”
Still, personal ethics don’t go out the window entirely, as Judge Dana Kenworthy of Grant County attested.
“I was raised to treat others the way I would want to be treated, and that extends to all areas of my life, including judging,” Kenworthy said.
The students also learned that being “in court” isn’t really what the court of appeals is all about, as it’s much more about writing drafts of opinions.
“We do very few oral arguments,” Foley said, noting that each judge writes about 120 opinions a year.
“Our daily life is within that. Being in a court hearing or oral argument is kind of the exception rather than the rule,” Foley added, noting one audience member: “Judge (Matt) Headley’s got the action. He’s got the blood and guts of everyday justice in front of him.”
Perhaps most valuably, the students learned that each of the judges before them value being public servants.
“I’ve enjoyed it tremendously,” Crone said. “It’s an opportunity to make a difference in people’s lives.”