3 remain in running for Indiana Supreme Court

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Two trial judges and an appellate attorney have emerged as finalists for the Indiana Supreme Court, but one those three almost didn’t make it to Indianapolis for the second interview on Friday.

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After nearly five hours of interviews and nearly two hours of deliberation, the seven-member Indiana Judicial Nominating Commission on Friday selected Boone Circuit Judge Steven David, Marion Superior Judge Robyn Moberly, and Indianapolis attorney Karl Mulvaney as finalists for the high court opening.

But Judge David almost didn’t make it to Indianapolis that day.

“I thought I’d be stuck on the side of the road when I was supposed to be sitting there in front of the commission,” Judge David told Indiana Lawyer today, laughing about his car trouble late last week that almost interfered with the appellate interview.

Getting behind the wheel that morning, the judge said he discovered a squirrel had eaten through some of the wiring and he ended up driving on four out of eight engine cylinders and with no air conditioning.

“A squirrel attempted to sabotage my bid,” he said. “Of all the worst possible days for car problems, it happens then. I barely made it down there, and barely made it back.”

He was the first interview, starting at 8:45 a.m. The remaining eight semi-finalists appeared for their 30-minute interviews throughout the day, before the commission members met privately at 3 p.m. to deliberate. After two hours of discussion, the members publicly announced their decision about 5 p.m.

Judge David got the news as he was standing in the auto repair shop, listening to the mechanic explain what had happened and what it would cost. He stepped away from the counter to take the news about his being chosen as a finalist for the state’s highest court.

“I’m simply honored and humbled, and I’d be lying if I didn’t say I was excited,” the judge said. “You have to be impressed with the process and the openness of it all.”

The other two finalists echoed those thoughts, with Mulvaney and Judge Moberly also expressing their excitement about the process overall and being selected as finalists. Judge Moberly talked about feeling very comfortable during her second interview, though it went by very quickly because of the “fun mix of commission members who are warm and engaging people.”

"I can't imagine ever being better," Judge Moberly said after receiving the news on Friday. “I'm thrilled and humbled to be one of the three finalists being sent to the governor.”

Now, it’s up to Gov. Mitch Daniels to decide who’ll be the next Indiana Supreme Court justice. 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 interview with a congratulatory welcome from Chief Justice Randall T. Shepard, who chairs the commission. He then asked each semi-finalist to address a two-part question sent out by the commission: "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 complement 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.

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

The governor’s general counsel, David Pippen, said the 60-day clock begins ticking once Daniels receives an official evaluation report on the three finalists from the nominating commission; that’s expected this week. 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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.