ILNews

Commission interviews COA applicants

Michael W. Hoskins
January 1, 2007
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The Judicial Nominating Commission conducted its first round of interviews today for the Indiana Court of Appeals vacancy that will be created by Judge John T. Sharpnack's retirement in May 2008.

Fifteen people from Indiana's legal community applied for the appellate court seat.

Nine applicants sat before the commission this morning, including three trial judges, a senator, and the heads of the Indiana Prosecuting Attorneys Council and Indiana Gaming Commission. Interviews started at 9 a.m. and ran until mid-afternoon, all conducted in a conference room down the hall from the Supreme Court's courtroom.

Commissioners asked typical questions, including about how the applicants thought their background would influence or complement their work on the court, what particular areas of law they might like to see addressed, and why they want to be on the court.

When Wayne Superior Judge P. Thomas Snow was interviewing, Chief Justice Randall T. Shepard said he was impressed with what people said about Judge Snow in how well he treats lawyers and litigants. Chief Justice Shepard said that was reassuring.

When Stephen J. Johnson, executive director of the Indiana Prosecuting Attorneys Council, interviewed, Chief Justice Shepard said he was impressed with the connection Johnson has with the different branches of the government and the legal community.

Henry County Prosecutor Kit C. Dean Crane, William H. Mullis, and Morgan Superior Judge Christopher L. Burnham spent time in their interviews talking about their military experience.

Judge Burnham also spoke about his interest in technology and how he wants to continue his involvement with the Judicial Technology and Automation Committee.

The Nominating Commission asked the applicants about how to balance the quantity of cases and the substance of each case decision.

"Each case you look at a little differently on the appellate level - that's where experience kicks in. You have to know when the briefs cross your desk what's important ... it is important to make deliberative and quick decisions but not hasty decisions," Judge Burnham said.

Boone Superior Judge Rebecca S. McClure told the commission about three cases she felt were important and demonstrated her analytical skills. One dealt with home-schooled students who wanted to take one course at a local school. Another was a case involving golf carts being classified as motor vehicles, and the third - which she couldn't say much about because it's ongoing - involves former Indianapolis Colts quarterback Jack Trudeau, who is charged with contributing to the delinquency of a minor and aiding, inducing, or causing illegal possession or consumption of alcohol by a minor. All three cases present issues of first impression in Indiana.

Trial judges, prosecutors, and trial lawyers all want one of their own on the appellate court, according to one of the commissioners, who asked applicants what they thought about that sentiment and who they think is the best to serve on the court.

Judge McClure said, "You shouldn't be looking for someone to fit in one of those categories. You want a person who will work hard and loves the law, and will represent the masses."

The seven-member commission will likely choose a short list of applicants by this afternoon. Those selected will return for second interviews slated for Dec. 12. From there, three finalists' names will be given to Gov. Mitch Daniels to make the final decision.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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