ILNews

7 remain in running for Tax Court judge

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In less than 30 minutes, the Indiana Judicial Nominating Commission cut in half the list of applicants to become the state’s second-ever Indiana Tax Court judge.

The seven-member commission chaired by Indiana Chief Justice Randall T. Shepard ended its first round of interviews with 14 applicants Monday afternoon, going into a closed-door executive session about 3:15 p.m. By 4 p.m., the members were ready to hold a public vote announcing the seven they’d bring back for a second interview:

– George Angelone, an Indianapolis attorney with the Legislative Services Agency who was admitted to practice in 1976.

– Dan Carwile, a longtime banking attorney who is senior vice president with Old National Wealth Management in Evansville. He was admitted to practice in 1983.

– Hon. Carol Comer, an administrative law judge with the Indiana Board of Tax Review who has been practicing since 1996.

– Joby Jerrells, a second-career attorney admitted in 2003 who works both in the Indiana Attorney General’s Office as a deputy prosecutor and also a self-employed attorney out of his home in Bloomington.

– Hon. Karen Love, who has been on the Hendricks Superior bench since 1995 after practicing privately and working previously as a certified accountant.

– Melony Sacopulos, who is general counsel at Indiana State University in Terre Haute but has been practicing since 1988.

– Martha Wentworth, tax director at the Greenwood-based multistate group Deloitte Tax LLP who’s previously served in roles that included clerking for the Tax Court in the early 1990s.

These seven will have their next interviews before the commission Oct. 27, and three names will be sent to Gov. Mitch Daniels to consider for the final appointment. Whoever is chosen will replace Judge Thomas G. Fisher, who was the state’s first tax judge in 1986 and is retiring at year’s end.

Leading up to the vote today, the commission had started interviews at 9 a.m. with those interested in the appellate tax court. Fifteen had originally applied, but one person withdrew his name last week. Aside from those named as semi-finalists, also interviewing were Andrew Swain, Hon. Bruce Kolb, Marilyn Meighen, Joseph Pearman, Randle Pollard, Michelle Baldwin, and Thomas Ewbank.

Each person appeared for a 20 minute interview. The chief justice greeted each applicant who came before the commission today, thanking that person for applying and asking everyone about their interest in the judicial spot. The responses were all similar, differing to a degree based on their own experiences. Many said this judicial post would be a logical evolution in their legal careers and that they wanted to continue the practice of having fair and concise caselaw that Judge Fisher has created during the past 24 years.

“I’ve always enjoyed the intellectual puzzles that tax law presents,” Sacopulos said about her interest, delving into her work for a national tax office in Washington, D.C., that she said gave her unique experience.

Commissioners asked some of the same questions to applicants, such as about their views on the Tax Court’s mission and how the court and judge should interact with the legislature on tax law and issues. Members also turned to applicants’ information about their most significant legal matters and also how those experiences might have prepared them for the tax bench.

Judge Love discussed what she calls the “ABCs” of this court, which she described as meaning the attitude of a judge, the balance she can bring based on her experience, and those critical aspects of clarity, consistency, and communication.

In his response, Angelone said he’s focused on tax and public finance work and the Legislative Services Agency is one of the only places you can find a similar caseload to what the Tax Court faces. He noted that two- or three-year waits on some tax issues at the local level isn’t good enough, and more must be done at that stage to make the process more efficient. The bar could help with that, possibly through continuing legal education, he said.
 

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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