This is the nineteenth of our Court Times articles that highlight up close and personal a member of the Indiana Judiciary.
This issue we are focusing on two Judges in Porter County who are married…to each other: Judge Mary R. Harper, Porter Circuit Court and Judge David L. Chidester, Porter Superior Court #4. Judge Chidester sent the following introduction to their unique situation which says it quite well:
Judge Mary Harper and Judge David Chidester were married on July 31st, 1993. Judge Harper was a Superior Court Judge in Portage, Indiana since 1984 and Judge Chidester was an attorney, practicing in federal court as a public defender. Their first date was to a Chicago Bears’ football game in October of 1987. Judge Chidester was elected Superior Court Judge in Valparaiso in 2003. Judge Harper is a Republican and Judge Chidester is a Democrat. In 1996, Judge Harper was elected to be the Circuit Court Judge of Porter County. Since 2003, Judges Harper and Chidester are the only married trial court judges in Indiana.
“We figure that we have saved the State of Indiana about $500 in hotel rooms during the judicial conference by sharing a room. The obvious security concerns with two judges in one house are something we don’t dwell upon too much. I don’t know of many other couples in the state where upon reversal or affirmation, an instant text message is sent by a spouse. There are so many positives to come out of this situation that don’t readily come to mind. Morning coffee might begin with, “can you believe this lawyer did this…”, or “Don’t forget I have to be in Indy today and you’ll have to handle my call.” What others might think is highly peculiar we just now take for granted.
But just to watch or hear about Mary in action is a learning experience. I don’t know if it just comes from being a judge for near 30 years, or Mary’s unique personality, but she can sentence a really bad person in a courteous and professional way, all the time putting the screws to him or her. As they leave the courtroom, they actually thank her for their lengthy sentence to the Department of Correction. I, on the other hand, get confronted with the angry, confrontational and contemptuous litigants who leave the courtroom swearing and wishing to immediately appeal. Just two different types of personalities, methods, one the product of the gift of experience and perhaps because I am in County Division and she is in Plenary Division, but it’s a strange phenomenon to watch.”
HON. MARY R. HARPER
What do you like most and least about being a trial court judge?
On the plus side, this position allows the opportunity to be a difference maker. Judges are in the unique position to perceive inadequacies in the system. Whether criminal justice, juvenile justice, or civil litigation related, we can identify system weaknesses and/or failures, and take effective action to address them. We have a great ability to get people to come to the table, as not many will reject our invitation to attend a meeting. With the proper systems and community representatives around the table, goals become attainable.
On the negative side, as a trial court judge, we see failure so often. If we do a great job on cases, perhaps with sentencing orders that are highly rehabilitative and the defendants turn around their lives, we likely will never see them again. What we do see on a daily basis are probation violations for new crimes, failures to comply, multi generational crimes, and such.
What was your major in college and why did you decide to study law?
Undergraduate major was political science. My Dad recommended that I attend law school and he paid for it. He was an employment counselor and owned several staffing agencies. So, I accepted his recommendation and have appreciated his guidance in this and many other areas of life.
What would you do if you were not a judge?
I was a litigator and enjoyed it very much. Of course, I’m in my 28th year on the bench and acknowledge the practice has changed a great deal since I was a trial attorney. At this stage of my life, if I were not a trial court judge, I would be working on policy in some capacity.
Who are the people you most admire?
My family. My husband, son and father are the “go to” people in my life for advice and counsel. My mother-in-law is a blessing as my example of the active lifestyle that allows great enrichment as we age. How fortunate it is to love and admire those closest to you.
What are your hobbies or favorite leisure activities, and how did you first get involved?
I love to garden. My mom introduced me to it when I was a child. I now spend many hours digging like a mole. Planning which includes timing and design, soil analysis and amendment, and the acquisition of plants are enjoyable. As we live in a rural area and have many critters wandering around our grounds, the often pitched battle with four legged creatures over the fate of plants can be a vexing, yet fun, challenge. It is also one that I don’t always win.
For the last 15 years, my husband and I have collected wine. We found on our travels that locating a really good wine is enjoyable. Procuring great wine is not likely to happen in a financially reasonable way without good research and the ability to identify outstanding vintages and vintners of high quality with reasonable pricing. Our primary areas of interest are those from California, Willamette Valley and the State of Washington. In terms of foreign wine, we concentrate on Chateauneuf du Pape. It is an intriguing pastime to research, locate, and secure a really good wine that will then sit in a wine refrigerator to age for more than a decade. This hobby also serves as the basis for some great travels to wine regions.
What are your favorite books, and have you read any recently, or are reading now, that you would recommend?
I like to read about history. As my husband is a Tulane grad and my son is now a public defender in Orleans Parish, I’ve been reading a number of books about Louisiana politics. I have recently finished Huey Long’s Louisiana Hayride. What a ride it was! No one could possibly make up stories as crazy as the political history of Louisiana.
What are the most enjoyable and most difficult aspects of serving on the bench in the same county with your spouse?
I think it is a positive that each of us very much understands what the other is going through at work. We enjoy sharing the funny stories and can really get what makes them so funny. We also can lend a learned ear and shoulder when needed. We each understand how it is possible to come home from a day at work that you have spent sitting in one chair or another and be totally exhausted.
Dave is a really huge help to me at court. My commitment to system improvement and doing what I can to add value to our profession means I have undertaken a number of obligations that can necessitate trips to Indianapolis on short notice. Dave has a work ethic that is unmatched. He can do his court call and mine and then look for more work to do. He makes the Energizer Bunny look like a slacker.
The fact that we are of different political parties and run for election on the same cycle can get interesting. We each are quite devoted to our respective party. This makes for a lot of solo appearances at political events. I did appreciate the fact that last election cycle I was unopposed and was the only Republican who didn’t have opposition in May and didn’t have a candidate slated against me. I keep wondering if the fact that Dave’s brother is the Democratic County Chairman had anything to do with that.
Some things we encounter have left me scratching my head and chuckling. After all these years, 19, some of those with whom we come into professional contact don’t know we’re married. We sleep with a fax machine next to the bed for nighttime warrant requests and get a lot of calls. Most are for Dave, as he handles the traffic and OWI cases. A number of officers call for Dave and if he is out of town, they sound lost and tell me they need to find a judge. Some others, when I tell them I’m Judge Harper and I can help them, act like they have just stumbled upon a scandalous liaison.
For years when we have made a dinner reservation in Chicago under Judge Harper (easier name to spell), the maitre d’ has grabbed Dave to whisk him off to a table. If I make the mistake of looking around when Dave goes to check us in, I would have to ask where Judge Harper has been seated.
Dave and I live a quiet, private life away from the courthouse.
Where did you grow up and how would you describe your childhood?
I grew up in South Bend. I have three brothers and no sisters. Hence, I was a tomboy. My dad was a successful businessman and our parents helped us have a good life. I attended parochial schools through the 12th grade. Then went to college in Colorado and had a great time playing in the Rockies.
Do you have a favorite quote(s)?
Mine: “Never eat in a restaurant where you have sentenced the cook.”
Where is your favorite vacation spot?
The Big Island of Hawaii, Napa, and wherever my son is living.
Do you have a favorite meal, recipe, and restaurant?
I enjoy cooking which is good, as it is expected in our family that I will prepare my late mother’s outstanding recipes during the holidays and for family gatherings. It is meaningful to me that I can put a meal on the table that has been prepared using my treasured copies of Mom’s recipes written in her own hand. The recipes are heavy on Hungarian dishes.
My favorite restaurant is The Canoe House located at the Mauna Lani Bay Hotel and Bungalows on the shores of the Pacific Ocean on the Big Island of Hawaii. Our family has a home near there. So, I have the great fortune to dine ocean-side and enjoy line-caught Pacific fish as the sun gently slips out of sight.
HON. DAVID L. CHIDESTER
What do you like most and least about being a trial court judge?
Perhaps from being raised in a family of union officials, I like to observe and study the business of judging from the point of interacting with other judges, attending the National Judicial College in Reno and listening to other judges, seeing how legislators treat judges and how judges interact with the executive branch, whether prosecutors or state officials. I enjoy the September conference and the camaraderie among judges and talking to the judicial center staff. I enjoyed my time on the Board of Directors because it was similar to being a griever and representing a body or district of judges.
My least favorite aspect of judging comes from every legislative session when new laws undo the work of well-meaning judges and court administrators.
What was your major in college and why did you decide to study law?
Political Science and English. Having attended Tulane in New Orleans, you can imagine my real major. I wanted to be an attorney since 4th grade. I admired public speakers and leaders in the community. Those leaders were either lawyers or educators.
What would you do if you were not a judge?
I would be a licensed battlefield guide at Gettysburg National Military Park and give tours to visitors and school children seven days a week.
Who are the people you most admire?
Mary, of course. Also my Mom who at age 83 can shoot 79 in golf. My brother, Jeff, who is the Porter County Democratic Chairman. He has never asked me to do anything political in violation of the Code and knows that he will only see me every six years on the banquet circuit. Finally, Mary’s father, Jim Rudasics, whose advice I would follow without question. As to judges, I practiced before my mentors, federal judges James Moody, Rudy Lozano and Alan Sharp. Oh to be like them in federal court with a lifetime appointment.
What are your hobbies or favorite leisure activities, and how did you first get involved?
Anything Civil War related. I visit battlefields in the east and south twice per year, but am not a re-enactor (living historian). I read anything I can find about Lincoln and can give a tour of the John Wilkes Booth escape route. As a second hobby, I visit college bookstores and rank them by objective standards for my upcoming blog. I’ve visited over 300 college bookstores and have the tee shirts to prove it. I always loved as a kid to visit the Notre Dame bookstore before the football game.
What are your favorite books, and have you read any recently, or are reading now, that you would recommend?
Imagine your local public library having nothing but Civil War books on their stacks and you can now envision my study at home. Currently, I am reading O. Edward Cunningham’s The Battle of Shiloh.
What are the most enjoyable and most difficult aspects of serving on the bench in the same county with your spouse?
Mary and I enjoy a fierce and blinding loyalty to each other, especially if opposed at election time. We protect each other, and do things for each other that no pro tem or senior judge can do. I’ll cover her call on a moment’s notice if she is called to Indianapolis. She does her best to keep me out of difficulty with Judicial Qualifications.
We enjoy listening to the embarrassment in the voices of rookie police officers who call at 3:00 am for a blood search warrant and ask for me but recognize Mary’s voice but think they have come across some scandal.
The only negative is that we jointly go out of our way to not give the appearance of being some bloc of authority, so much so that we fail to express our true opinions to those deserving of rebuke. Also, we don’t have that other spouse to find ways to socialize outside the home in a non-judicial atmosphere. Maybe that’s why we like to go to Las Vegas.
Where did you grow up and how would you describe your childhood?
I grew up in Gary, Indiana and attended Lew Wallace High School. My mother and father met while she was a Master Sargeant and he a First Lieutenant and Airborne Ranger in the Korean War. She was a 3rd grade teacher and he an ironworker and union official. It was fun and disciplined. I was an ironworker apprentice for 10 summers and even got to walk on foot wide beams, 30 stories off the ground…in the wind.
Do you have a favorite quote(s)?
After a bad day in court, “Quit whining…Mary has done this for 28 years.”
My other favorite is from Alex Sarkisian, Captain of the Northwestern University Rose Bowl winning football team: “Good, Better, Best. Better than the Rest.”
Where is your favorite vacation spot?
Tie: Gettysburg, Vegas, Napa, New Orleans and Chicago. I have never stepped foot out of the United States. Until I see Fargo, North Dakota and Walla Walla, Washington, there is no pressing need to see Paris. Plus my Civil War battlefield tours keep me in this country.
Do you have a favorite meal, recipe, and restaurant?
Anything seafood…and I search menus far and wide for calves liver.