ILNews

Commission interviewing 9 semi-finalists today

Back to TopE-mailPrintBookmark and Share

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.”

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

ADVERTISEMENT