The Wabash community won’t have to tune into its favorite crime dramas this week. Instead of watching Law and Order reruns, students, faculty, and community members got to see a real courtroom drama played out in the Goodrich Room The Indiana Court of Appeals came to Wabash on Tuesday, February 26th, to hear oral arguments in the matter of Doss et al. v. BHC Meadows Hospital. The question of law in this case, whether the Indiana Medical Malpractice Act requires the Doss’ claim to be handled like a medical malpractice case, or a simple tort, was overshadowed by the drama of the family involved, which involved a young woman’s hospitalization over fears of suicide.
This case is also near the cutting edge of Indiana’s medical malpractice laws. One of the arguments cited by the appellants’ counsel came from a case recently decided by the Court of Appeals and more recently featured in the Indiana Lawyer. Professor of Rhetoric Todd McDorman addressed the case in terms of real people with real issues. “The visit by the Indiana Court of Appeals gives students a unique opportunity to see the law up close and in action,” McDorman said. “It isn’t too often that occasion to see legal practice. Most often we think of the law in terms of sensationalized cases— much hyped personal injury cases or the criminal troubles of “the stars”—and we don’t think about the everyday issues that common citizens face.”
Professor McDorman’s Legal Rhetoric class attended the oral arguments, and got to see Bloomington attorney Betsy Greene and Indianapolis attorney Lucy Dollens debate the merits of the case. The panel of judges from the Indiana Court of Appeals consisted of Presiding Judge Patricia Riley, Judge James Kirsch, and Judge Melissa May.
Judge Kirsch, in particular, has a strong Wabash connection. His son, Adam, is a 2007 graduate of Wabash College. Judge Kirsch has come to Wabash for Court of Appeals hearings in the past, and has also presided over Wabash’s own Moot Court Competition. All three judges, with assists from the counsels, took questions from the audience. Judge Kirsch outlined the appellate procedure in the State of Indiana. Of the millions of cases before Indiana courts, only a few thousand will make it to the Court of Appeals, of those, only a few hundred will be decided. Oral arguments, though, are held in an even fewer number of Court of Appeals cases. The Indiana Supreme Court will only take 80 cases in what is known as transfer, which is essentially the same process as the United States Supreme Court’s writs of certiorari.
Judge Kirsch also pointed out that the Indiana Court of Appeals is one of the few courts of its kind in the nation that decides all cases by written opinion. Judge Melissa May commented, also, on the level of reading and writing required of the fifteen judges of the Indiana Court of Appeals. She noted that organization and prioritization is essential for the judges, who frequently vote on cases handled by other members of the court before they write their opinions.
Another, lighter area of discussion was the judges’ opinions on the sorts of books that might be helpful for aspiring attorneys. Both Judge Riley and Judge Kirsch mentioned that they had recently finished John Grisham’s book, The Appeal. Judge Kirsch and Judge May mentioned movies ranging from To Kill A Mockingbird to Liar, Liar. There were some chuckles in the audience at the mention of the Jim Carrey vehicle.
Judge Patricia Riley asked for a show of hands of the students present that had the law as a potential career goal, and a good portion of the students answered in the affirmative. Professor McDorman cited the importance of events like Tuesday’s hearing for potential lawyers.
“I think this has particular value for students interested in the law, because it gives them a better sense of what goes on in the law on an everyday basis. It also allows them to see the judges, attorneys, and litigants as real people,” McDorman said. “The attorneys are generally very good, but they aren’t the flawless actors from Law and Order, and the litigants are real people with real problems who have to show courage in making their issues and claims public.When we read about a case in the newspaper or even when we read a legal opinion, it is easy to think about ‘the law,’ but we might overlook that the case impactsthe lives of people just like us.”
Professor McDorman also highlighted the hearing’s importance for his students in Rhetoric 145, Legal Rhetoric, who had spent a good deal of time preparing for the oral arguments on their own. “The sixteen students in the class read the briefs from the case, conducted moot court style oral arguments on the case in class, served as judges for the debates of their fellow students, and will write a legal opinion now that they have seen the oral argument,” McDorman said. “For them, the case is very real, and I know the students were both pleased and impressed to hear the attorneys present some of the same arguments that they developed for their moot court cases and to hear the judges ask some of the same questions they asked during the debates. It was validation of what they have learned and verification of their abilities in legal argument.”
Of course, there were other members of the community in attendance at Tuesday’s hearing, and Professor McDorman highlighted the importance of the event for the liberal arts at Wabash. “In many respects the court cases reinforces significant aspects of our mission statement,” McDorman said. “To be sure, it requires that we think critically in terms of law and public policy. However it also can underscore both the importance of acting responsibly— there are consequences when we do not—and living humanely— how would we feel if we were in the place of either party in the case, what is the fair and the humane way to resolve the issue?”
After Tuesday’s arguments, Wabash men have a lot to consider, just like the judges.