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Commission interviewing 9 semi-finalists today

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One set of interviews remain before the Indiana Judicial Nominating Commission goes into a closed-door meeting to deliberate which three names should be sent to the governor to decide who will be the state’s next Supreme Court justice.

The seven-member commission this morning interviewed six of the nine semi-finalists to succeed Justice Theodore R. Boehm once he retires in September. Almost three dozen applicants had put their name in the hat for the justice spot, and two days of interviews in early July narrowed that list to nine semi-finalists. The commission is tasked with providing three finalists’ names to Gov. Mitch Daniels, who will have 60 days to make a decision.

Interviewed so far today: Boone Circuit Judge Steven David, Indiana Solicitor General Thomas M. Fisher, Johnson Superior Judge Cynthia Emkes, Indianapolis attorney Ellen Boschkoff with Baker & Daniels, Indianapolis attorney Karl Mulvaney with Bingham McHale, and State Sen. Brent Steele, R-Bedford. Those being interviewed this afternoon are Marion Superior Judge Robyn Moberly, Hamilton Superior Judge Steven Nation, and Indiana University associate general counsel Kipley Drew.

Each person began their 30-minute interview with a congratulatory welcome from Chief Justice Randall Shepard, who chairs the commission. He then asked each semi-finalist to address a two-part question sent out by the commission earlier this week:

"What do you consider your finest professional accomplishment or contribution?" and "Name two things that need improving in the Indiana court system that a justice might help solve."

Some of the semi-finalists mentioned technology as a key area the judiciary must focus on, including Boshkoff, Judge David, and Steele.

“As a member of the court, with my experience in the legislature, I can keep the Odyssey program on track,” Steele said, adding that he’d be in favor of seeing the Supreme Court establish a sort of “mini-law school,” or indoctrination program for new lawyers to learn the basic tenets of the law and how to apply those to their practices.

Judge David responded to one commission member’s concern about his military career and said it wouldn’t interfere because he’d finished his service, and overall his military experience and international law knowledge make him unique among the nine semi-finalists in bringing something new to the court.

In talking about his greatest accomplishments, Fisher discussed the three Supreme Court of the United States arguments he’s made through the years. As far as changes, he noted that the court might explore allowing merit briefs similar to what the SCOTUS allows and possibly look at changing evidentiary rules to mesh with what’s already in place in the federal system.

Judge Emkes spoke about her biggest accomplishment as being her familiarity with and education for trial judges on the death penalty, given her history in that area. She also spoke about expanding problem-solving courts to include business areas, and also the need to establish best practices for criminal sentences and alternatives.

In response to the advance question, Boshkoff said that her review of court activity shows her that access to justice and civil litigation costs are the two top areas that the judiciary must address. She praised the court’s action on IOLTA accounts, court interpreters, low-cost ADR, civil legal aid, pro se litigants, and the mortgage foreclosure crisis, but said more needs to be done as far as access is concerned.

Once the interviews end today, the nominating commission goes into an executive session to discuss who the finalists should be. The process could be quick or take hours – members were able to narrow the initial 34 applicants to nine semi-finalists in about two hours.

Reflecting on that decision and how the semi-finalists view it, Judge David provoked laughter from the commission when he talked about how he felt about waiting to know who’d move on to the final round.

“This is like being nine little birds in a nest… You’re flying overhead with a worm, and we’re all waiting with our mouths open wanting that one worm,” he said. “Now I know what a bird feels like.”

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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