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5 make first cut for Court of Appeals vacancy

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A consumer protection official, a public defender, two judges and a law professor are semifinalists for a position on the Indiana Court of Appeals.

The Indiana Judicial Nominating Commission on May 16 selected Abigail Lawlis Kuzma, of Indianapolis; Patricia Caress McMath, of Indianapolis; Madison Circuit Judge Rudolph R. Pyle III, of Anderson; Joel M. Schumm, of Indianapolis; and Marion Superior Judge Robert R. Altice Jr., of Indianapolis. The five were chosen from a field of 14 applicants vying to fill the vacancy that will be created when appellate Judge Carr Darden retires in July.

Each of the semifinalists will be interviewed a second time June 4 or 5. The commission then will select three finalists whose names will be sent to Gov. Mitch Daniels, who will make the appointment.

The commission, chaired by Chief Justice Brent Dickson, asked candidates what they most admired about the Court of Appeals and what qualities they would bring, if selected.  
 

kuzma-bigaillawlis-mug.jpg Kuzma

Kuzma, who leads the Office of the Indiana Attorney General’s consumer protection division, said she appreciated the court’s efforts to reach out to Hoosiers through its website, plain language jury instructions, and “appeals on wheels,” in which appellate panels travel the state for oral arguments.

Kuzma stressed her organizational leadership and prior charitable work as co-founder of the Neighborhood Christian Legal Clinic in Indianapolis. At the consumer protection division, she oversees a staff of about 100 people, including 35 attorneys, who focus on fraud prevention, foreclosure prevention and other consumer issues. “It’s very rewarding but also a very diverse experience of helping people,” she said. “I am a high-energy person.”


McMath McMath

McMath is one of three former Court of Appeals law clerks who made the cut. She handles appeals for the Marion County Public Defender Agency.

She said she admired the court for making “a written appeal in every case, so Hoosiers know” why the case was decided as it was. “It’s a remarkable thing considering that kind of caseload.”

McMath said her familiarity with appeals was a strong suit. “I have vast experience with appellate law,” she said, citing seven years as a clerk for two judges and 15 years as a public defender working exclusively in the appeals court.


Pyle Pyle

Pyle, a Madison Circuit judge, also clerked at the Court of Appeals for the man he hopes to succeed – Darden. He said he was impressed by the court’s emphasis on civility and recalled when writing as a law clerk being impressed by the respectful tone of dissents.

“I’m committed to that process,” Pyle said.

He stressed his diversity of experience that includes being an Indiana state trooper, deputy prosecutor, defense attorney, running a private practice, and being appointed and elected to the bench.

“I’ve had the opportunity to see the law on almost every level,” he said.


altice-robert-mug Altice

Altice, a longtime Marion Superior judge, said he knows the judges on the appeals court through his years on the bench.

“Probably the biggest skill I bring is experience,” he said, including trying more than 270 criminal cases, including 40 murder cases; and bringing more than 100 cases as a prosecutor.

“I try to build consensus wherever I can,” Altice said. “It’s just the nature of my personality.”

Indiana University Robert H. McKinney School of Law professor Joel Schumm is among those who have experience as an appeals court clerk. He stressed his academic background and said he admired “the way the Court of Appeals guarantees an absolute right to one appeal.”


Joel Schumm mug Schumm

Schumm said that he would bring a fitting work ethic to a court that generates more than 2,000 opinions per year.

Of his attributes, he said, “the biggest one is writing and analytical ability. … Writing excellent opinions.”

Other applicants were: Marion Superior Judge Cynthia J. Ayers, of Indianapolis; Jeffrey D. Wehmueller, of Fishers; Carol Nemeth Joven, of Indianapolis; Bryce D. Owens, of Pendleton; Brenda A. Roper, of Indianapolis; Rebecca A. Trent, of West Lafayette; Howard Superior Judge William C. Menges Jr., of Kokomo; Chris M. Teagle, of Albany; and Kari Evans Bennett, of Noblesville.•

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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