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Committee questions Indiana judicial nominees

Michael W. Hoskins
February 11, 2010
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Indiana's three judicial nominees appeared before the U.S. Senate Judiciary Committee today to answer senators' questions nearly a month after they were tapped to fill openings in the state's federal courts.

Discussions regarding Department of Justice's Office of Legal Counsel nominee Dawn Johnsen have been delayed again. After two delays in the past 10 days, nominees Jon DeGuilio for the Northern District of Indiana, and Marion Superior Judge Tanya Walton Pratt and U.S. Magistrate Judge Jane Magnus-Stinson for the Southern District of Indiana joined three other nominees from different states in appearing before the committee in Washington, D.C.

This is the first step in the confirmation process, and this hearing preceded an Senate Judiciary executive business meeting where senators didn't have quorum to discuss the long-delayed nomination of Dawn Johnsen, who's been chosen to lead the Office of Legal Counsel. The next chance for that to happen will be following the weeklong President's Day break starting Monday. That time will also allow for senators to submit additional questions on the pending judicial nominations after today's discussion.

Following introductory remarks from Indiana's Democratic Sen. Evan Bayh and a brief introductory statement from each nominee, the Hoosier nominees only faced questions from interim committee chair Sen. Amy Klobuchar, D-Minn., and Sen. Jeff Sessions, R-Ala., who was the only member of the minority party to attend the hearing. Sessions emphasized that this nomination hearing is the only real opportunity the American people have to see the nominees and ask questions of them. So, he directed a handful of questions at each person while also referring to the nominees' public questionnaires that have been submitted and can be viewed at the Senate Judiciary Committee's Web site.

Receiving the fewest and least-specific questions was DeGuilio, who is legal counsel for Peoples Bank and has served as U.S. Attorney for the Northern District of Indiana and Lake County prosecutor. Generally, DeGuilio joined the other nominees in saying he was familiar with and would respect the federal criminal sentencing guidelines, as well as established precedent.

But the female jurists received specific questions from Sessions, who questioned their views and handling of criminal sentencing issues. Specifically, he referred to a time on the state court bench when Magistrate Magnus-Stinson asked to not be assigned to cases involving the death penalty. Magistrate Magnus-Stinson said she'd consulted the Indiana Judicial Qualifications Commission, which advised her then to not make any public statements about the issue and that advice still applies.

Sessions pressed the topic, saying it's an important issue about judicial activism and the committee should hear her views. "I am fully cognizant that the death penalty is the law of land, and I'm fully under oath to uphold it," she said in response. "I have never expressed such a view on the death penalty, and will continue to refrain from expressing views as it's an issue that may appear before me." Sessions questioned Judge Pratt about a case where she allowed a burglary convict to be transferred from state prison to a low-security facility over the prosecutor's objections, as allowed by state statute. The convict escaped and was convicted for his involvement in a murder.  

"That was a huge learning experience for me as a state court judge, and an example of the difficult decisions we have to make as judges," she said. "I do regret that, though you couldn't predict that would happen. This was a heartbreaking, horrible experience and it goes to show the huge impact our decisions have on the community." No timeline has been set for when the committee will vote on the judicial nominations.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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