Indiana Chief Justice Loretta Rush is only the second woman appointed to the state’s Supreme Court and the first woman to lead it. (Photo/Indiana Supreme Court)

By Marilyn Odendahl
The Indiana Citizen
August 22, 2024

The appointment of Indiana Chief Justice Loretta Rush to serve a third term leading the Indiana Supreme Court came with the unanimous support of her colleagues and the praise of a former Indiana justice who said she brings “vision, commitment and imagination” to her duties.

The Indiana Judicial Nominating Commission voted unanimously Wednesday to reappoint Rush, who is only the second woman to serve on the state’s Supreme Court and the first to serve as chief justice. The four associate justices – Mark Massa, Geoffrey Slaughter, Christopher Goff and Derek Molter – spoke to the commission in support of retaining Rush in the leadership role.

Following her reappointment, Rush praised the work of her judicial colleagues.

“Through the unwavering dedication of my appellate court colleagues, our trial court judges, and staff across the state, we’ve worked to strengthen our judicial system,” Rush said in a statement. “But important work remains, and I look forward to continuing our efforts.”

As chief justice, Rush is credited with overseeing the launch of pretrial and problem-solving court initiatives in Indiana, guiding the final implementation of the statewide electronic court filing and unified case management systems, and reorganizing the judicial administrative structure.  Also, she has worked at the national level to address the issues of mental health and substance abuse, which often land people in court.

Former Indiana justice Frank Sullivan noted Rush has not forgotten her Hoosier roots. He said she is “extraordinarily committed” to the responsibility she has as chief justice to lead the legal profession in the state. As an example, he pointed to last Friday when Rush took time before driving to Louisville for a commitment to stop by the Indiana University Robert H. McKinney School of Law in Indianapolis and welcome all the new first-year law students.

“I am very pleased that the Judicial Nominating Commission has selected Loretta Rush as our chief justice for a third term, and particularly pleased that it did so with the unanimous endorsement of her colleagues on the court,” Sullivan said in an email. “In the decade she has served as chief justice, I have been extremely impressed by the vision, commitment and imagination she has brought to the far-flung responsibilities of the job.”

Handling a heavy docket

Appointed by Gov. Mitch Daniels as the 108th Indiana Supreme Court justice in 2012, Rush filled the seat vacated by Sullivan when he retired that same year. She became chief justice in 2014, was reappointed to that role in 2019 and now, with the commission’s vote, will serve another five-year term, if voters choose to retain her this November.

Rush, along with Justices Molter and Massa, will be on the ballot this Election Day and voters will be asked whether the three should remain on the Supreme Court. If any are not retained, then the governor will appoint a replacement from whatever three candidates are recommended by the Judicial Nominating Commission.

The Indiana Supreme Court handles hundreds of cases each year, according to the court’s annual reports. During the 2022-23 term, the Supreme Court received 717 cases and disposed of 693 cases, primarily by declining to hear the disputes. The justices issued 58 opinions during the term of which Rush wrote seven majority opinions – the most of anyone on the court – and six dissents, equaled only by Justice Christopher Goff.

Sullivan said Rush’s questioning of the attorneys at oral arguments and her written opinions “show a sharp and inquisitive mind.”

“It is noteworthy to me that even when the justices on the Indiana Supreme Court disagree, they do not do so disagreeably,” Sullivan said. “She is entitled to at least equal credit with her four fellow justices for the collegiality of the Court. Her frequent sharing of the judicial spotlight with her colleagues doubtlessly contributes to their palpable camaraderie.”

Ind Supreme Court portrait
Indiana Supreme Court justices (from left) Geoffrey Slaughter, Mark Massa, Derek Molter and Christopher Goff all unanimously supported the reappointment of their colleague Loretta Rush (center) as chief justice. (Photo/Indiana Supreme Court)
State courts are ‘emergency rooms’

Nationally, Rush’s expertise and experience has gained prominence among judicial leaders. She has served on the executive committee of the National Judicial Task Force to Examine State Courts’ Response to Mental Illness, and, in 2019, she was tapped by U.S. Supreme Court Chief Justice John Roberts to serve as a member of the Judicial Conference Committee on Federal-State Jurisdiction.

Also, she has served as co-chair of the National Judicial Opioid Task Force. In 2022, she was named the president of the Conference of Chief Justices and the chair of the National Center for State Courts Board of Directors, which, Sullivan said, shows her skills have been recognized by her chief justice colleagues around the country.

Currently, she is a member of the National Center for State Courts’ Committee on Legal Education and Admissions Reform.

In a June 2024 interview with the Brennan Center for Justice at New York University School of Law, Rush called state courts the “emergency rooms for society’s worst afflictions.” The courts often address the issues that are central to a person’s life, such as child support, eviction, contract disputes and criminal matters, she said, and often the individuals coming to court are suffering from substance abuse, mental illness, domestic violence and homelessness.

“What can you do to improve the lives of the people that come before you?” Rush said, highlighting the question that the judiciary should be asking. “Sometimes it’s not just deciding the case. It’s working within your larger community to make sure resources are there.”

Rush earned her undergraduate degree at Purdue University and her law degree, cum laude, at the Indiana University Maurer School of Law. Prior to joining the Indiana Supreme Court, she was elected three times to serve as the Tippecanoe County Superior Court 3 judge, where she presided over mostly juvenile cases.

Dwight Adams, an editor and writer based in Indianapolis, edited this article. He has been a content editor, copy editor and digital producer at The Indianapolis Star and IndyStar.com, and a planner for other papers, including the Louisville Courier Journal.

The Indiana Citizen is a nonpartisan, nonprofit platform dedicated to increasing the number of informed and engaged Hoosier citizens. We are operated by the Indiana Citizen Education Foundation, Inc., a 501(c)(3) public charity. For questions about the story, contact Marilyn Odendahl at marilyn.odendahl@indianacitizen.org.




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