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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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