By: Judge Paul D. Mathias
Admission to the bar of the United States Supreme Court is something that every attorney should consider. The Court is central to the rule of law in the United States, and admission to its bar is an honor.
I was privileged to author the majority opinion, joined by Chief Judge Vaidik, in Timbs v. State, finding forfeiture in that case to be an excessive fine contrary the 8th Amendment of the US Constitution. After reversal by the Supreme Court of Indiana, the Supreme Court of the United States granted certiorari in June and held the argument on November 28, 2018. I decided to attend the oral argument with my wife and contacted the ISBA regarding admission to the bar while there.
At the ISBA, Julie Gott was so helpful, and I was extremely pleased to learn that one of Indiana’s most gifted appellate advocates, George T. Patton, Jr., would graciously serve as the movant for admission. All I needed to do as an applicant was find two members of the of the United States Supreme Court bar who would support my admission, and Judges Najam and Bailey from the Court of Appeals were kind enough to serve in that capacity. I was also pleased to learn that Donna Bays and her daughter, Jennifer Bays Beinart, both from Zionsville, would also be applicants for admission on that day.
On the day of the admission and argument, my wife and I attended an optional breakfast in the Natalie Cornell Rehnquist Dining Room at the Court, typically used by the justices’ spouses, where we applicants could get to know George and each other. It was a pleasure to meet with Donna and Jennifer. The Court’s photographer also took a photo that was sent out to us afterward.
Admission is an administrative matter prior to oral argument, presided over by Chief Justice Roberts. George moved our admission, and that was that!
Anyone considering admission should be aware that admission is limited in number on any given day and that, if a spouse or significant other attends, (s)he is seated separately in the public area at the back of the gallery. In our case, applicants were seated on the front row of the attorneys’ section at the front of the gallery, directly behind counsel for Mr. Timbs. Attorney General Hill and several attorneys in his office were admitted by motion of Solicitor General Fisher just before us.
The argument itself was quite lively and much like oral arguments before the Supreme Court and Court of Appeals of Indiana. Both the audio and transcription of all 2018 arguments are available on the Court’s website:
After the argument, it was a pleasure to speak with counsel for Mr. Timbs and with Solicitor General Fisher.
There also is a very nice option afterward to receive the certificate of admission professionally framed, and I did so. New admittees are also offered a tour of the Court, which was quite interesting.
The most important benefit of the $200 cost for admission is your lifetime membership in the bar and the access it provides. As a member, you can line up for admission to any oral argument for seating in the attorneys’ area at the very front of the gallery with your attorney number or name, and you also have access to the Court’s library any time.
While we were in Washington DC for the admission ceremony, we took advantage of the opportunity to schedule time to see the United States government sites and museums, both public and private. If you plan to be admitted to the Supreme Court bar, add a day, preferably two, to your trip. Even three days would not be wasted, given all of the important things to see and experience. Because our nation’s capital is so busy, for us, it was an easy decision to use Lyft or Uber for all transportation. Perhaps the best part of the opportunity is to visit friends in the area, and we did so.
In our case, since we had already experienced DC on several occasions, we opted to fly in the night before and fly out after admission and the oral arguments. Currently, non-stop flights from and back to Indianapolis make this quite easy to do.
I hope you will consider making admission to the bar of the United States Supreme Court a part of your career as an attorney in Indiana. It is an especially rewarding experience.
