The Justices and staff of the Indiana Supreme Court were deeply saddened to hear of the passing of Justice Richard Givan.  His public service to the State of Indiana included 26 years as a jurist on the high court, including nearly 13 years as Chief Justice.  In addition to his remarkable legal career, he is remembered fondly by court staff as a loyal friend and great storyteller.  His portrait is proudly on display in the Supreme Court Courtroom in the State House and serves as a lasting reminder of his tremendous role in state government. 

Justice Richard M. Givan was Indiana’s ninety-sixth justice.  He was elected to the Court in 1968 and served continuously until his retirement in December 1994.  He served as the Chief Justice from November 1974 to March 1987.  He was the founding chairman of the Indiana Judicial Center, which provides education to judges across the state.  While on the Court, Justice Givan heard nearly six-thousand cases.  He authored more than fifteen-hundred majority opinions.  Justice Givan dissented in more than four-hundred cases. 

Those in attendance at his retirement dinner in January 1995 were amused to find his favorite “Givanisms” printed for them to take home.  Justice Givan commonly used sayings including, “you pile on too many apples, you can’t shove the cart” and “it’s not that he doesn’t know there’s a problem, it’s that he doesn’t know that he doesn’t know that there is a problem.”  The colloquialisms continue to remind colleagues and friends of Justice Givan’s colorful personality.  

Chief Justice Randall T. Shepard served on the Court with Justice Givan from 1985-1994.  During that time, Justice Shepard came to know Justice Givan as an energetic judge and friend.  “This is difficult news for the Court to hear, so I know it is a very painful time for Justice Givan’s family.  I have wonderful memories of the time I shared with Justice Givan on the bench.  He was a thoroughly practical man, deeply rooted in Indiana’s legal community, and interested in new ways of improving courts.  He often said, ‘When the automobile was invented my father’s buggy worked just fine, but he bought a car anyway,’” said Chief Justice Shepard.

Supreme Court Justice Brent Dickson, who joined the Court in January 1986, also has fond memories of his time working with Justice Givan.  Justice Dickson said, “I admire his wonderful spirit of selfless public service and his often-demonstrated commitment to the law, common sense, integrity, honesty, courage, and industry.”  Like many who relate stories of Justice Givan, Justice Dickson has a few favorite “Givanisms” including, “this is like a one-car traffic jam.” 

Justice Dickson admired more than his colleagues’ quick wit.  He calls him a model for dealing with the apparent conflict between personal beliefs and judicial duties.  Justice Dickson explained, “As a devout Quaker, he advocated for the repeal of the Indiana death penalty statute while serving in the legislature.  Yet when he became a Supreme Court Justice he authored a great many opinions affirming death sentences by trial courts.  He explained that his obligation under his oath of judicial office to uphold the laws of the State of Indiana prevailed over his personal, moral and religious beliefs.  After he retired from the court, Dick Givan resumed his opposition to the death penalty and even testified against it before a legislative committee.”   

Jerome L. Withered, a practicing lawyer who served as a law clerk to Justice Givan in the 1970s, recalls fondly his days as a clerk and explained, “Justice Givan was the consummate teacher.  Nearly every day, something in a brief or an opinion would remind him of a story, and he would tell us the story—always with a lesson on how to deal with a client, or to handle a difficult courtroom situation, or to argue a point more forcefully."   Attorney Withered described Justice Givan as down-to-earth and unpretentious, “He used to joke that with Mrs. Givan and four daughters at home, he had to come to the office so he could make a decision once in a while.  But the fact is, he never had trouble making decisions, likening his role as a judge to that of an umpire: call the balls and strikes as you see them without regard to who the players or teams are.  It was not easy to predict his rulings." 

Born June 7, 1921, in Indianapolis, Richard Givan graduated from Decatur Central High School in 1939.  Justice Givan received an LL.B. from Indiana University in 1951 and was admitted to the Indiana bar in 1952.  While he was a law school student, he was assistant librarian for the Indiana Supreme Court in 1949, and then became a research assistant for the Indiana Supreme Court.  He was the first person to serve as a law clerk at the Court.  He was appointed deputy public defender of Indiana after graduation from law school and served in that post until 1954.  From 1954 to 1966, he was Assistant Attorney General of Indiana, pleading cases before both the Indiana and U.S. Supreme Courts.  In 1967, he was a Representative and a ranking member of the Judiciary Committee in the House.  He was also chairman of the board of directors of the Indiana Judicial Conference from 1974 to 1987, served on the board of managers of the Indiana Judges Association from 1975 to 1987, and became an Indiana Judicial College graduate in 1989.

In addition to his legal career, Justice Givan served as a pilot in the U.S. Army Air Corps during World War II and was later a flight instructor with the Air Corps Reservists.  A fourth generation lawyer, his great-grandfather, Noah S. Givan, was a circuit judge in Dearborn County, Indiana before 1900.  His grandfather, Martin J. Givan, was a Dearborn County trial lawyer. His father, Clinton H. Givan, was a Marion County Superior Court Judge and practiced law in Indianapolis for forty years.