ILNews

Committee questions Indiana judicial nominees

Michael W. Hoskins
February 11, 2010
Keywords
Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  2. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  3. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  4. Hi, Who can I speak to regarding advertising today? Thanks, Gary

  5. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

ADVERTISEMENT