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Committee queries federal nominees

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The U.S. Senate Judiciary Committee had a chance to ask questions of Indiana's three judicial nominees Feb. 11, and it's now poised to decide whether the full Senate should have a chance to consider them for the federal bench.

Almost a month after the White House nominated them to fill vacancies in Indiana's two District Courts, nominees Jon DeGuilio for the Northern District of Indiana, and Marion Superior Judge Tanya Walton Pratt and U.S. Magistrate Judge Jane Magnus-Stinson for the Southern District of Indiana faced questions from the committee in Washington, D.C.

Sen. Jeff Sessions, R-Ala., who was the only member of the minority party to attend the hearing, directed a handful of questions at each person. Receiving the fewest and least-specific questions was DeGuilio, who is legal counsel for Peoples Bank and has served as U.S. Attorney for the Northern District of Indiana and Lake County prosecutor. Generally, DeGuilio joined the other nominees in saying he was familiar with and would respect the federal criminal sentencing guidelines, as well as established precedent.

But the female jurists received specific questions from Sessions, who questioned their views and handling of criminal sentencing issues. Specifically, he referred to a time on the state court bench when Magistrate Magnus-Stinson asked to not be assigned to cases involving the death penalty. Magistrate Magnus-Stinson said she'd consulted the Indiana Judicial Qualifications Commission, which advised her then to not make any public statements about the issue and that advice still applies.

He also asked Judge Pratt about a case in which she allowed for a burglary convict's transfer from state prison to a low-security facility over the prosecutor's objections, as allowed by state statute. The convict escaped and was involved in a murder for which he was later convicted. Sessions asked the judge to explain her decision and how that experience impacted her. She said it was a learning experience that illustrated how important judicial decisions are on the community.

In addition to those questions, the three also explained their experience and how that has prepared them for a federal judgeship, and how they view the responsibility of being on the bench.

Senators have the weeklong Presidents Day break to submit additional statements for the record before the nominations are ready for their review and possible voting. Each nominee has submitted a public questionnaire, which can be viewed online at the Senate Judiciary Committee's Web site at http://judiciary.senate.gov.

No timeline exists for when the committee must vote, but that could happen as soon as the next scheduled executive business meeting Feb. 25. That is also when senators are expected to discuss the longdelayed nomination of Dawn Johnsen, who's been chosen to lead the Office of Legal Counsel but has faced delays from Republican senators since her initial nomination in early 2009. The committee didn't have enough members present at a Feb. 11 meeting to discuss her nomination.

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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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