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Commission sends finalists letter to governor

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A 60-day clock has started for Gov. Mitch Daniels to choose the next Indiana Supreme Court justice, after three names were officially sent to him Thursday afternoon.

The Indiana Judicial Nominating Commission a week ago selected two judges and one appellate attorney – Boone Circuit Judge Steven David, Marion Superior Judge Robyn Moberly, and Bingham McHale attorney Karl Mulvaney – from nine semi-finalists vying for a vacancy on the state’s highest court. The seat opens once Justice Theodore Boehm retires Sept. 30.

After a full day of interviews July 30, the seven-member commission chaired by Chief Justice Randall Shepard made its selection based on those 30-minute interviews and the previous ones earlier in July, when all 34 initial applicants were interviewed.

By law, the commission must send an evaluation report to the governor for official consideration. Now that that’s happened, Daniels has 60 days to name the next justice. This will be the Republican governor’s first appointment to the high court and the first new justice since 1999. If he doesn’t meet that deadline, the chief justice then would choose from the same three finalists.

The four-page letter says the commission members considered each applicant’s legal education, writings, reputation in the practice, commitment to the profession and to public service, financial interests, and other pertinent information members considered important. They also interviewed references and reviewed recommendation letters, as well as initiating independent inquiries about the candidates, the letter says.

Written by Chief Justice Shepard, the letter includes a brief summary of each finalist and indicates why the commission chose that particular person.

• Judge David has “proven himself utterly indefatigable in the service and leadership of his fellow citizens. ‘We’ve got a good thing here,’ he said in speaking about Indiana’s legal system. The Commission regards him as a leading part of the reason that this is so.”

• “Asked where we need to do better, Judge Moberly offered a new idea for helping citizens who don’t have a lawyer and also spoke convincingly about the need to manage change in the court system. She has proven her own bona fides on these counts. As a prominent practitioner wrote to us: ‘Judge Moberly would bring an exceptional intellect, a wonderful understanding of the purpose and significance of the law, and great personal skills and character to our highest Court.’”

• "Other attorneys seek out Karl Mulvaney for advice on ethics, and they recruit him to join in representing their clients when something important and challenging is at hand. He is one of those select few about whom people use the term ‘a lawyer’s lawyer.’”

The governor’s general counsel, David Pippen, told Indiana Lawyer following the second interviews last week that interviews with Daniels would be scheduled quickly and that he didn’t expect the governor to come close to running out the 60-day clock.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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