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7 interview for COA; 3 finalists to be chosen

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The Judicial Nominating Commission interviewed seven semi-finalists today for an opening on the Indiana Court of Appeals.

Now, the seven-member commission is deciding which three will be recommended to Gov. Mitch Daniels as finalists to succeed Judge John T. Sharpnack on the state's second highest appellate court.

Commission members conducted a second round of interviews with the seven semi-finalists, who were chosen in mid-November from an original 15 applicants.

Facing interviews today were: Dubois Superior Judge Elaine B. Brown, Morgan Superior Judge Jane Spencer Craney, Wayne Superior Judge P. Thomas Snow, Dearborn Superior Judge G. Michael Witte, Sen. Brent E. Steele of Bedford firm Steele & Steele, Leslie C. Shively of Shively & Associates in Evansville, and Stephen J. Johnson, executive director of the Indiana Prosecuting Attorneys Council.

Each focused their 20- to 30-minute interviews on what they consider their two finest career accomplishments and what two items most need improving at the court.

As far as proudest accomplishments, candidates' responses ranged from specific cases or projects they've handled to various relationships they've nurtured throughout their legal careers.

Judge Snow gave a humbling response after telling the commission about his work on the Judicial Administration Commission and developing the state's weighted caseload system in the 1990s.

"I don't mean to be flippant when I say this, but this is," he said about one of his finest accomplishments. "It's truly an honor to be among the seven highly qualified candidates, and it feels like I'm carrying the ball for the entire east side of the state."

Every candidate spoke about their interest in seeing a new, sixth judicial district added to the court to help keep up with growing caseloads, as well as a push for utilizing technology and e-filing, and making the appellate court more visible to Indiana residents.

One idea that some of the candidates touched on was the need for appellate mediation, specifically post-trial court judgment. Judge Brown mentioned the idea first, noting that it could be used in civil cases by delaying appeal filing by 45 days to get a 25 or 30 percent settlement rate, as seen in other states using the method.

In addition, Judge Brown also brought up several points that expanded on or added new points to what her fellow candidates mentioned. She suggested that appellate attorneys go through a certification process to make sure they have adequate experience and continuing legal education, as well as stationing some appellate judges in their respective judicial districts rather than Indianapolis to help the court's outreach.

Judge Craney noted that it could be time to revisit the court's policy on written opinions and whether more summary affirmations could be made.

At the end of his interview, Judge Witte described his one-time dream of being an Indiana High School Athletic Association referee and used a basketball analogy to describe how he would address competing parties' interests in appeals.

"One thing I learned is you don't care who wins, but by golly you make sure there's a level playing field," he said.

Only Steele and Shively came to the interviews as private practitioners currently representing clients, a point that commissioners focused on and at least one member pointed to as an important issue when considering finalists.

"We're looking at that hard and seriously," said commissioner Sherrill Colvin, an attorney from Fort Wayne.

Once the commission officially submits its recommendations, the governor has 60 days to make a decision. That person will replace Judge Sharpnack when he retires in May.

See the Indiana Lawyer Web site for updates.

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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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