Last Elected Indiana State Supreme Court Reporter Dies

Indiana voters used to vote for the statewide office of Indiana Supreme and Appellate Court Reporter.  The legislature abolished the elected office in the 1980's.

The last person to hold the post was Marilou Wertzler.  The well-respected Mrs. Wertzler has passed away at age 89 in Palo Alto, California; her obituary was published today.

Marilou Wertzler was first elected in 1968 and served through 1984. She shared the statewide ballot with three governors - Edgar Whitcomb, Dr. Otis R. Bowen, and Robert D. Orr.

The job of Court Reporter was to compile the decisions of the Indiana Supreme and Appellate Courts and then cause the official Indiana Reports to be published.  This was an important function in the early decades of the State of Indiana when it was important that a continuous bound volume of state court opinions be made available for research. 

In 1887, The West Publishing Co. created the National Reporter System and began publishing reported cases from across the country.  The Indiana decisions are contained in West's Northeastern Reporter.  West made a critical innovation - the West Key System for indexing decisions.

Acceptance by Courts of citations by the West's Reporter System began to make the official reports superfluous.  As time went on, the official Indiana Reporter was published months after cases were available through West Publishing.

The legislature came to see the office as an artifact of another time. It not only had no executive or administrative function, the office did not really have a necessary clerical function either. 

It should be noted that this is somewhat different than current debates regarding other offices on the local or state level where it is advocated that certain administrative or decision-making functions  be moved to non-elected positions.  Indeed, at the time that legislative consideration of the abolition of the office of Court Reporter was being considered, then State Representative Jerry Bales (R-Bloomington) suggested in caucus that the state Clerk of Courts be added for abolition.  Others in the caucus room quickly made the distinction.  The office of Clerk of Courts was subseqently made a non-elective position but it has a real and necessary function.  It is now being administered under the guidance of the Indiana Supreme Court.

There were some prominent persons who served as Indiana Supreme and Appellate Court Reporter. Most notable was Benjamin Harrison who won election in 1860 and 1864. He, of course, went on to serve as a United States Senator and be elected as President of the United States in 1888.  In the midst of his first term as Reporter, Harrison raised a regiment for service in the Civil War.  He was made a Brigadier General for his service during the War. (Fascinating sidenote: The Indiana Supreme Court declared the office vacated while Harrison served in the Civil War. In 2003, the Indiana Supreme Court 'pardoned' Harrison.)

Marilou Wertzler was a well-liked and dignified office-holder. She served the Muncie community in several roles prior to her election.

Her four terms ought to gain more recognition if not least for the fact that she helped serve as a model and example of women seeking elected statewide office.  Alas, her service seems to have escaped the notice of some of those who otherwise champion the pioneers of women in elected public service. 

The Center for Women and Politics of the Eagleton Institute of Politics at Rutgers University publishes a list of statewide elected women that serves as a source for news media and other organizations.  For example, it notes that Grace Urbahns (R) served as State Treasurer from 1926 to 1932 and that Fort Wayne's Dorothy Gardner (R) was State Auditor from 1961 to 1964.  While it notes that Trudy Slaby Etherton (R) was elected in 1968 as State Auditor, the list does not show Marilou Wertzler's election that same year.

Comments

[Amy Wertzler Manuel]

I wanted to thank you for recognizing my grandmother's achievements and service as a woman in politics. It was a pleasant surprise to come across this article as I searched for her obituary that was scheduled to run today in Muncie & Indianapolis. Her 16 years as an elected official and the many other years of service were one of many fond memories. She was loved and will be missed greatly by her family.

Ed. note: The condolences of many in Indiana are with you and your family.

[John Wertzler]

Thank you for the thoughtful article about my mother's service to the State of Indiana. Her political convictions ran deep and she was a tireless campaigner for those candidates higher up the Republican ticket. Your article reminded me that she was in fact a fine role model for other women wanting to pursue political office. For that and other reasons, I am proud she was my mother.