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3 emerge as finalists for justice seat

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The Indiana Judicial Nominating Commission has completed its work.

Now, it’s up to Gov. Mitch Daniels to decide who’ll be the next Indiana Supreme Court justice.

Following a full day of interviews Friday, the seven-member Indiana Judicial Nominating Commission choose Boone Circuit Judge Steven H. David, Marion Superior Judge Robyn L. Moberly, and Indianapolis appellate attorney Karl L. Mulvaney from a list of nine semi-finalists to forward on to the governor for consideration.

Whoever is chosen will be the Republican governor’s first appointment to the state’s highest court, the first new justice since 1999, and he or she will succeed Justice Theodore R. Boehm once he retires from the bench Sept. 30.

Aside from the three finalists, those who made it past the first round of cuts were: Indianapolis attorney Ellen Boshkoff with Baker & Daniels; Indiana University associate general counsel Kipley Drew; Johnson Superior Judge Cynthia Emkes; Indiana Solicitor General Thomas M. Fisher; Hamilton Superior Judge Steven Nation; and State Sen. Brent Steele, R-Bedford.

Each person began their 30-minute interview with a congratulatory welcome from Chief Justice Randall Shepard, who chairs the commission. He then asked each semi-finalist to address a two-part question sent out by the commission earlier this week: "What do you consider your finest professional accomplishment or contribution?" and "Name two things that need improving in the Indiana court system that a justice might help solve."

All raised points about what they might tackle if they were a member of the court, and then responded to other questions posed by commission members – their views on approaching issues of first impression, how they might compliment the current court makeup, what the judiciary’s three most pressing issues are, and how justices should factor in political, economic, and social ramifications in decision making.

Judge David said the biggest challenge is how the state judiciary stays efficient and relevant without much money, and he said more centralized operation and coordination between the 92 counties must be explored. The court must be as open and transparent as possible in order to make sure litigants have adequate access to justice. The judge noted he wasn’t afraid of cameras in the court, and he said the JTAC statewide case management system is an important part of that.

Mulvaney told the commission that his experience in handling attorney ethics matters is his biggest accomplishment, and potential changes might include how judicial mandates are handled and possibly a rule revision on how long juvenile cases can have to be briefed on appeal. One commission member praised Mulvaney’s appellate experience and also allowed the attorney to delve into his experience as Supreme Court Administrator and how that gave him experience in many issues before the court.

In the last of the three finalists to face their interview, Judge Moberly discussed her pride in being involved in the state’s Family Court Project since the beginning almost a decade ago. But she also said that the growing number of pro se litigants is one of the judiciary’s biggest concerns, and that one idea that could help might be creating a public-law librarian program modeled after how the court recruits teachers to educate kids about the Third Branch. She also explained the importance of managing the inevitable statewide court system changes, and how statewide funding is a significant point to consider. She said regional funding might be a step in that direction because everyone might be more able to easily agree on that.

After hearing Judge Moberly speak so passionately about her family and trial court work, one commission member asked her why she wanted to move to the Supreme Court despite her loving what she does now.

“I know there’s another chapter in my career… I hope this is the next chapter, but I know there’s something more for me out there and I hope it presents itself here,” she said. “If not me, who would do it?”

A full rundown of the interviews by all nine semi-finalists can be found at the Indiana Lawyer’s blog, First Impressions.

The governor’s general counsel, David Pippen, said a 60-day clock begins once Daniels receives an official evaluation report on the three finalists from the nominating commission; that’s expected next week, he said. Interviews will likely be scheduled “pretty quickly,” and there’s really no set procedure for how that interview process will happen. Whether one interview will take place or finalists will be invited back for a second informal interview hasn’t been determined, but it will be up to the governor to decide. Pippen said he doesn’t expect the governor will come close to running the 60-day deadline, but if Daniels doesn’t meet that deadline, the chief justice would make an appointment from the same list.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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