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Banking attorney confirmed as federal judge

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The Hoosier legal community has its newest federal judge in the Northern District of Indiana, and now two others up for judgeships in the state’s Southern District await their votes before the full U.S. Senate.

Senators turned away briefly from financial reform Tuesday evening to unanimously confirm by a voice vote the nomination of Jon E. DeGuilio for an Article III judgeship. Spokespersons for Senate Majority Leader Harry Reid and Indiana’s Sen. Evan Bayh both confirmed the vote came just after 5 p.m.

DeGuilio succeeds the late U.S. Judge Allen Sharp, who’d served as a senior judge from November 2007 until his death last summer.

“I’m very honored, and this has been a very exciting process,” DeGuilio told Indiana Lawyer by phone today.

He said he watched his confirmation on C-Span 2 after receiving a call earlier that day from Bayh’s office about a nearing vote.

President Barack Obama chose DeGuilio for the judicial post in January, and his nomination got the green light from the Senate Judiciary Committee in March. With his confirmation, DeGuilio will step down as legal counsel of Peoples Bank in Munster. Prior to his current position, DeGuilio had served as U.S. Attorney for the Northern District of Indiana from 1993 to 1999 and had previously served as a prosecuting attorney and a public defender in Lake County. He also had served as former president of the Hammond City Council and the sheriff’s office legal advisor in the 1980s. He graduated from the Valparaiso University School of Law in 1981.

During the initial confirmation hearing, Bayh praised the man he had jointly recommended for the judge post with Republican Sen. Richard Lugar last year.

“Jon DeGuilio is a dedicated public servant with a firm commitment to applying our country’s laws fairly and faithfully,” Bayh said. “He possesses the highest ethical standards and has extensive experience in federal court. I am confident he will serve the people of Indiana with distinction and help ensure the speedy and efficient administration of justice for all our citizens.”

DeGuilio planned to speak with Chief Judge Philip Simon and Judge Robert Miller today about logistics, but generally he expects the president’s signing of his commission to happen pretty quickly.

Chief Judge Simon said the court was excited to finally have a new judge for the federal bench there. The court hasn’t yet analyzed the existing caseloads to determine what DeGuilio will receive once he starts on the bench, but the chief judge said the new jurist will be assigned to the South Bend division where Judge Sharp had presided. He added he wants to give DeGuilio about a month to get his feet wet before filling his docket.

“We’re all just very happy and delighted to get him on board,” Chief Judge Simon said, noting that he once worked for DeGuilio in the ’90s in the U.S. Attorney’s Office. “He’s very pleasant to work with and a good man, and he’s going to be a terrific addition.”

Meanwhile, the legal community awaits the full votes on Indiana’s two other pending judicial nominations – announced at the same time as DeGuilio ­– U.S. Magistrate Judge Jane Magnus-Stinson and Marion Superior Judge Tanya Walton Pratt, who are nominated for spots in the Southern District of Indiana.

Some within the legal community had speculated that Monday’s nomination of Solicitor General Elena Kagan for the Supreme Court of the United States might slow the state’s pending judicial picks. That turned out to not be the case for DeGuilio, though. Bayh’s spokesman Brian Weiss said Tuesday evening he wasn’t sure when the full Senate might schedule votes on Judges Magnus-Stinson or Walton Pratt, but he said it could come quickly if senators reach an agreement for an up or down vote.

 

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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