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9 semi-finalists in running for justice spot

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Nine attorneys remain in the running to be the next Indiana Supreme Court justice after a seven-member commission narrowed down a list of nearly three-dozen applicants earlier this month for the court opening.

After two days of interviewing 34 initial applicants, the Indiana Judicial Nominating Commission chose nine people as semi-finalists after about two hours of deliberation on July 7. Those individuals will return for second interviews at the end of the month, before three names are submitted to Gov. Mitch Daniels for consideration.

Whoever is chosen will succeed Justice Theodore R. Boehm, who announced earlier this year his plans to retire Sept. 30. This will be the Republican executive’s first chance to put someone on the high court.

The semi-finalist group consists four women and five men who in their professional legal roles offer a makeup of four trial judges, two big firm private practitioners, a law school general counsel, a state senator, and the state’s Solicitor General.

Following a unanimous public vote on the semi-finalists, Chief Justice Randall T. Shepard – who chairs the commission – said that he initially expected fewer semi-finalists than the number chosen, but it was a direct result of having so many highly-qualified applicants to draw from.

Semi-finalists are, as arranged by the time they will have second interviews on July 30:
 

David David

8:45-9:15 a.m.: Boone Circuit Judge Steven David, who’s been on the bench since 1995 and also has had an active career with the Army Reserve. The judge said that he didn’t plan to re-engage in active duty and that he could retire anytime, so his service wouldn’t impact any judicial duties. He discussed his views on the use of international law in considering constitutional issues here. The judge also delved into his work drafting new parenting-time guidelines and the comments that are easy to understand for lawyers and litigants, as well as his experience as a special judge handling the high-profile Zolo Azania death penalty case where he ruled the state couldn’t proceed with that sentence after 23 years of delays and new trials. The state Supreme Court reversed him 3-2, and Judge David said he supports the idea of the death penalty in the right circumstances.
 

Fihser Tom Fisher

9:15-9:45 a.m.: Thomas M. Fisher, who has been Indiana’s solicitor general since the office was created in 2005, and previously worked in the Attorney General’s Office. Before joining the AG’s Office, he had worked at Baker & Daniels in Indianapolis and Jones Day in Washington, D.C. Fisher told commission members that he’d wanted to be a judge since clerking for Judge Michael Kanne on the 7th Circuit Court of Appeals, and that through the years he’d fine-tuned that consideration for where he would want to work. His current job won’t last forever and this justice position is the next logical step that fits well with his “career trajectory,” he said. He outlined characteristics for an ideal justice as someone having intellectual curiosity, a sense of fairness, dispassion, and “open-mindedness about where the law can take us.”
 

Emkes Emkes

9:45-10:15 a.m.: Johnson Superior Judge Cynthia S. Emkes, who’s been on the bench since 1987 after serving as a magistrate and working in private practice. Judge Emkes talked about the intense population growth in her county and how it’s impacted the court system, ending the random rotation of case filing and allowing judges to instead divide up amounts and specific types of cases. She also spoke about the emotional experience handling death penalty cases, such as the Michael Dean Overstreet case in 2000, and told members that it would be an honor for all Indiana trial judges to have one of their own appointed.
 

Boshkoff Boshkoff

10:30-11 a.m.: Indianapolis attorney Ellen E. Boshkoff, a partner at law firm Baker & Daniels for more than a decade and practicing for more than 20 years. During her interview, Boshkoff mentioned she’d been in the trenches and argued cases at both the trial and appellate levels and told members about her desire to learn more. Members delved into her background clerking for the 9th Circuit Court of Appeals, and she explained her views that the economy was the biggest challenge the judiciary faces.
 

Mulvaney Karl Mulvaney

11-11:30 a.m.: Indianapolis attorney Karl L. Mulvaney, who’s been practicing since 1977 and is an appellate attorney with Bingham McHale. Drawing on Mulvaney’s service as Indiana Supreme Court Administrator from 1984 to 1991, the chief justice noted that he’d observed proceedings around the conference table in that room more than almost anyone. Mulvaney said it would be a “pinnacle” for any appellate lawyer to join the court, and he stressed the importance of being collegial, open-minded, and willing to listen. In response to a question about his appellate-only experience and lack of trial-level experience, Mulvaney said that he’d worked closely through the years with many trial attorneys and tried disciplinary, mandate of funds, and many other cases before the appellate courts.
 

Steele Steele

11:30 a.m.-12 p.m.: State Sen. Brent E. Steele, R-Bedford, who’s served in both the House and Senate and works as an attorney with the law office of Steele & Steele. The senator said his legislative work on both sides of the aisle has prepared him for the court, and he spoke about his lifetime commitment to public service. He spoke about his support of merit-selection versus judicial elections, and said campaign fundraising typically involves at least a public perception that a legislator will vote a certain way.
 

Moberly Robyn Moberly

1:15- 1:45 p.m.: Marion Superior Judge Robyn L. Moberly, who’s been on the bench since 1997 and previously had been a commissioner after working in private practice. She spoke about her experience handling various aspects of law, and said she loves to write and almost always takes cases under advisement for that writing and intellectual process.
 

Nation Nation

1:45-2:15 p.m.: Hamilton Superior Judge Steven R. Nation, who has been on the bench since 1995 and previously served as Hamilton County prosecutor. During his interview, he pointed out his experience as a prosecutor and judge and spoke about his efforts to try and reach kids early on to keep them out of the system later in life. As a judge, he tries to ensure consistency on the bench to give clear guidance to attorneys and litigants. Specific cases he mentioned included the Geist zoning case, which he said entailed 30,000 pages of documents.
 

Drew Drew

2:15-2:45 p.m.: Bloomington attorney Kiply S. Drew, who has served as associate general counsel at Indiana University in Bloomington since 1994. She told commission members during her first interview that she’d be good as a justice based on her intellect, writing ability, and appreciation for the role of the court.

But aside from those selected as semi-finalists, some of the most colorful and interesting comments came up during the two days of interviews and demonstrated the state bar’s colorful characters.

For example, Indiana Court of Appeals Judge Elaine Brown was the only appellate jurist to apply for the post and unlike most applicants, she relied heavily on a prepared speech lasting more than 10 minutes to outline her initiatives and other ideas for the court. Lake Superior Judge Mary Beth Bonaventura stressed her experience handling juvenile cases, and made the statement that despite her groundbreaking involvement in televising juvenile proceedings that she didn’t generally think those types of cases should be televised to the public because of the sensitive nature.

During Miami Superior Judge Robert Spahr’s 20-minute interview, he discussed his two decades of experience as a child services attorney and harshly criticized the current direction of the state’s Department of Child Services and financially motivated decisions about juvenile justice. As a trial judge, he’s too concerned with micro-managing and service cuts and that makes his job more difficult. Judge Spahr also noted that he felt trial courts are often “confused” by appellate direction because there’s not enough direction or clarity, and he urged members to visit his personal website promoting his books to see how good a writer he is.

But one of the most interesting interviews came from Steuben Circuit Court Judge Allen Wheat, who’d opened his interview by telling members that he isn’t “the sharpest knife in the drawer.” The judge asked members rhetorically why litigants in a civil money case can get automatic judge changes but criminal cases involving liberty cannot. He also noted the rise of mediation in the past two decades has diminished the number of great trial lawyers, and how that has impacted the civility and professionalism of the practicing bar.

Ending his interview, Judge Wheat offered a monologue to the commission.

“How about a story, if that’s OK,” he said. “About an hour ago I was terribly nervous. For some reason I envisioned this antelope running across the African savannah. And he was going just as fast as he could. His heart was pounding and his nostrils were flaring and then all of a sudden there appeared a lioness that went right for the antelope’s throat. The antelope screamed in pain, rolled over, died. It’s over.

“I don’t wish to be that antelope,” he said.•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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