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Eyeing new magistrate openings

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Within a year, the federal court system that covers the southern half of Indiana could have two new full-time magistrates, one being a newly created position that would be the first creation of its kind in almost three decades.

At a meeting June 11, the 13-member Committee on the Administration of the Magistrate Judges System unanimously agreed that the Southern District of Indiana should be one of six nationally to receive a new full-time magistrate position. Chief Judge Richard Young in Indianapolis sits on the committee that makes recommendations to the Judicial Conference of the United States, which will consider those recommendations and make a final decision when it meets in September.

This is the first request of its kind for the Southern District since the early 1980s, according to Chief Judge Young. It would be a significant change for the court jurisdiction that is one of the nation’s busiest.
 

richard young Young

“I feel that it’s justified because we have for a long time been one of the busiest District courts in the nation,” he said about the new position, noting that the Judicial Conference has previously approved an additional Article III judgeship here but Congress hasn’t yet authorized that. “With the budget and economy like it is, I don’t see Congress passing a judgeship bill in the near future. So, in order to acquire judicial help in our District, we decided to request an additional magistrate judge.”

Congress had previously authorized the Judicial Conference to create six new positions, according to the Administrative Office of U.S. Courts. Aside from this requested position, Chief Judge Young said the committee’s other recommendations also include the Central District of California, the District of Nevada, and the District of Minnesota. The committee chair, Chief Judge George King in the Central District of California in Los Angeles, could not be reached to confirm all six of the positions by IL deadline for this story.

But Chief Judge Young said that if the position is approved later this year, the new magistrate would be based in Indianapolis where space is available. That was one item the committee considered because the District wouldn’t have to find or rent space for a new magistrate and add to the budget. Any new magistrate would join the current full-time Magistrate Judges Tim Baker, Debra McVicker Lynch, and William Hussman; as well as part-time Magistrates Craig McKee and Mike Naville who handle search warrant and criminal matters; and recalled Magistrate Kennard Foster.

That person would add to the change already taking place at the Southern District following the recent confirmation of Judge Jane Magnus-Stinson for an Article III judgeship. The Senate confirmed her nomination June 7 and she was sworn in June 14, creating a magistrate position opening for the first time since January 2007 when she took that post.

Finding someone to fill the potential new magistrate spot would happen the same way as is now occurring with the position vacated by Judge Magnus-Stinson: a merit-selection panel made up of 15 to 17 attorney and non-attorney members has been formed to review applications, handle interviews, and select candidates to recommend for the position, Chief Judge Young said. The process is confidential to protect applicants’ privacy, and the five most qualified candidates will be forwarded to the District judges for consideration and final approval.

Applicants – who should generally have practiced for at least five years and be 70 years old or younger – have until July 14 to apply. The position pays an annual salary of $160,080 and runs for an eight-year term before that person is eligible for reappointment.

A magistrate judge gets initial assignments and handles pre-trial work and mediation and settlement conferences. Magistrates also have limited jurisdiction in criminal cases to hear only misdemeanors. Parties can consent to allow magistrates to hear full cases and take them to trial. •
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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