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2 new judges on federal court make history

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History has been written within the state’s legal community, thanks to a pair of new federal judges who within days of each other joined the Southern District of Indiana.

Their confirmations doubled the state’s number of female federal judges, shifted the District’s makeup so that a majority of the judges are women, and gave Indiana its first ever African-American on either of the two U.S. District courts here.

Judge Jane Magnus-Stinson was confirmed June 7, moving from the magistrate judge spot she’d held for just more than three years. A day after she took her oath, her colleague Marion Superior Judge Tanya Walton Pratt received an identical Article III judgeship on the same court.
 

walton pratt magnus stinson Judge Tanya Walton Pratt, left, and Judge Jane Magnus-Stinson (IL Photo/ Perry Reichanadter)

The two came from similar spots on the state trial court bench, though the path to the federal bench materialized in different ways. Their journey began during the past year as two positions opened in the court that covers the southern two-thirds of the state. They now share the experience of joining Judge Sarah Evans Barker in the Southern District and Judge Theresa Springmann in the Northern District as the only females in the Hoosier federal court system.

“Their coming to the court is so special and new, but it’s been a long time coming,” said Judge Barker, who became the state’s first female federal judge in 1984. “It matters so much that the bench is diverse, and in rapid order we’ve gone to being a majority on the court after many years of being a distinct minority.”

Adding to the excellent qualifications that’s already allowed both the new judges to hit the ground running, Judge Barker reflected on the gender diversity aspect and said she feels like former Justice Sandra Day O’Connor did when welcoming Justice Ruth Bader Ginsburg to the Supreme Court.

“You may not be able to tell any difference in work product or whether an opinion is written by a man or woman judge, but this will enhance the quality of justice and makes it deeper and broader and even more credible,” she said.

Both Judges Pratt and Magnus-Stinson recognize the historical significance of their appointments, and they credit the joint leadership of Indiana’s Democratic Sen. Evan Bayh and Republican Sen. Richard Lugar for working together to find qualified, inclusive nominees.

After their nomination announcements in January – along with attorney Jon DeGuilio for the Northern District of Indiana – both Judges Pratt and Magnus-Stinson worked their way through a confirmation process they describe as interesting and fair. Senators confirmed DeGuilio in May.

“This (process) has been a test of patience, but I’m so very happy and honored,” Judge Pratt said. “I do respect the historic significance of being the first African-American in the state to join the federal bench, and that’s really a credit to Sen. Bayh for looking outside the traditional group of candidates to be inclusive.”

On the bench

Judge Pratt succeeds Judge David F. Hamilton, who was elevated to the 7th Circuit Court of Appeals late last year. She leaves the Marion Superior Court, where she has presided over the Probate Division since December 2008. Before then, she served as a criminal division judge since 1997, handling major felonies and presiding over 20 to 35 jury trials a year, as well as supervising the juvenile detention center. Judge Pratt was first elected in 1996, but she had served as a master commissioner in Marion Superior Court since 1993 after practicing privately.

The president signed her commission the same day as the vote, and after submitting a resignation letter to the Indiana Supreme Court she expects to officially begin in the federal system June 25.

Judge Magnus-Stinson is there to guide her friend and colleague, who’s making the same kind of move from state to federal court that she experienced in early 2007 when she took over for retiring Magistrate Judge V. Sue Shields. Prior to that, Judge Magnus-Stinson had served for 12 years on the Marion Superior bench. She worked in the 1990s as chief legal counsel for then-Gov. Evan Bayh. She also had practiced civil litigation at LewisWagner following graduation from Indiana University School of Law – Indianapolis in 1983.

Now, Judge Magnus-Stinson succeeds Judge Larry McKinney who took senior status last summer. She started her judicial duties June 14 with plea agreement hearings and a jury trial within a week.

“There are differences, but that’s what makes this job so exciting,” Judge Magnus-Stinson said about the state and federal systems. “You get to keep your curiosity up, and you’re always learning a new area or issue of law. You never know what’s next.”

Both plan to attend a new judge school in Texas at the end of June. Once that happens they’ll be ready to jump full force into their respective dockets on which they’re already working.

The two hope their appointments will serve as examples to the community – that diversity is important and won’t keep anyone from their dreams as long as they work hard.

“You have to have those distinguished role models … so you can see others work hard and do it, and know that you can, too,” Judge Pratt said. She echoed Judge Magnus-Stinson who said one of the best parts of all this has been to see the pride in their daughters’ eyes about their mother’s accomplishments. “Any little girl can do it.”

Filling those vacancies

Now the process begins to fill their vacated posts. A merit selection committee will narrow the candidates and recommend potential magistrates, while Gov. Mitch Daniels is responsible for choosing Judge Pratt’s successor. That process has officially started, and the governor’s general counsel David Pippen expects a 30-day application window through mid-July for those interested in the judicial post. Interviews will follow, but Pippen said an exact timeline isn’t clear and depends on the number of applicants and overall scheduling. It likely will overlap with the search for a new Indiana Supreme Court justice for which interviews are slated to begin in early July.

Whoever is chosen will be of the same political party – Democrat – as Judge Pratt, in order to balance the total 36 Superior Court judges between both parties. Her successor will fulfill the remainder of her term that runs through 2014.•
 

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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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