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Court excited about magistrate's elevation

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Within a week, the state's third federal female judge could be ready to handle her constitutionally created duties in the Southern District of Indiana.

The full Senate on Monday unanimously confirmed by voice vote U.S. Magistrate Judge Jane Magnus-Stinson, making her a federal judge and elevating her from the spot she's held since early 2007. She succeeds semi-retired Judge Larry McKinney.

Introducing the three nominees and speaking generally about them, Sen. Pat Leahy, D-Vt., praised the trio but pointed out how Senate Republicans have delayed judicial nominations that end up being uncontroversial and approved unanimously.

"This is more than just an annoyance for those who've been nominated," Leahy said, noting the practicality of courts and individual nominees being hindered by the delays. "In meantime, their lives have been disrupted and the judiciary itself is put into disarray. There's no explanation, no excuse, no reason for these months of delay."

With this confirmation vote complete, this culminates a process that began for Magistrate Judge Magnus-Stinson in January, when President Barack Obama nominated her for the federal bench along with Marion Superior Judge Tanya Walton Pratt for a second Southern District opening, and attorney Jon DeGuilio for the Northern District of Indiana. No timeline is set for Judge Pratt's pending nomination; Senators confirmed DeGuilio last month.

Judge Magnus-Stinson declined to speak about the vote or her confirmation process before her commission is officially signed and received from President Obama. But Chief Judge Richard Young said that could happen in the coming days and she'll likely be ready for a full judicial docket next week.

Now that a confirmation vote is complete, a merit-selection panel is being chosen to select a new magistrate, he said. That panel will likely consist of 15 to 17 members, with at least two non-attorneys and at least seven lawyers. Applications are now being accepted and an ad will soon go out about the opening, the chief judge said. He hopes that selection process will happen quickly so that a new magistrate can be put in place in the coming months.

While he took the chief judge position in November 2009 and that has a term of seven years, Judge Magnus-Stinson is next on the roster of jurists to take that administrative position. She succeeded former Magistrate Judge V. Sue Shields in January 2007, after 12 years on the Marion Superior bench. Prior to the state bench, she worked in the early 1990s as chief legal counsel for then-Gov. Evan Bayh, who ultimately recommended her to the president.

"She's one of the most qualified we've had in some time, and has touched all the judicial bases," Chief Judge Young said.

Judge Sarah Evans Barker, who was the state's first woman judge on the federal bench, welcomed her colleague to the Article III family.

“She's a wonderful colleague already and she'll move smoothly into the District Court duties," Judge Barker said. "This will be a broader level of responsibility, but she'll do fine."

This nomination is historic, in that Judge Magnus-Stinson becomes only the third woman to ever be named to the federal bench in Indiana. She joins Judge Barker and Judge Teresa Springmann in the Northern District of Indiana.

Reflecting on that gender diversity, Judge Barker said she feels like former Justice Sandra Day O'Connor did when welcoming Justice Ruth Bader Ginsburg to the Supreme Court.

"This is important. It's entirely welcome and has been a long time coming," Judge Barker said.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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