Federal judicial nomination hearing draws crowd

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The Senate Judiciary Committee considered U.S. District Judge David F. Hamilton's nomination for the 7th Circuit Court of Appeals at a Wednesday afternoon hearing. A second hearing might be possible, and committee members likely won't vote on the Indianapolis judge's appointment to the appellate bench for at least another month.

The hearing for the Southern District of Indiana jurist was conducted about 2:30 p.m. at the U.S. Capitol building. It was moved from the usual building a couple blocks away because senators wanted to be closer to the Senate floor in order to vote on a series of federal budget bill items being debated at the same time, according to Erica Chabot, press secretary for committee chair Sen. Pat Leahy, D-Vt.

Normally, the hearing would have been broadcast live online, but the relocation meant going to a room without cameras.

The room, which was smaller than the usual location and had limited seating, was packed with people standing wall-to-wall, said Charles Bruess, the judge's recently retired courtroom deputy of almost a decade who traveled to Washington, D.C., for the hearing

"It was interesting to be there and see how the process works, but I didn't come away with a good feeling because it was all very confusing," he said. "The disappointing thing to me is that this last minute effort to postpone it doesn't take into consideration regular people who traveled a long way to be there or had planned to watch this online."

The hearing began on time and Leahy made his introductions, and then immediately the leading committee members were able to speak in order of seniority, Bruess said. Sen. Arlen Specter, R-Pa., said lawmakers weren't given enough time to prepare for the hearing - echoing a concern he's voiced since the hearing was first scheduled a week ago. Specter praised Judge Hamilton's academic and judicial records and said he doesn't necessarily disagree with any of the judge's decisions, but he said more time was needed to review the record, which includes 1,150 written opinions - and 9,500 pages - from the judge's tenure on the bench.

Specter, who left the hearing after his 10-minute statement, urged Judge Hamilton to consider volunteering for a second hearing. Such a hearing would be rare, and it hasn't been determined if one might happen, according to Chabot. Leahy and the administration have said they're moving quickly in order to foster a bipartisan spirit and set a tone different from the past, when judicial nominations were delayed and took much longer.

President Barack Obama nominated Judge Hamilton for the post March 17, and this hearing was set about a week later. This is one step in the overall confirmation process, and the judge would still need confirmation by the Senate Judiciary Committee and the full Senate. If confirmed, he would replace Judge Kenneth Ripple who took senior status in September 2008.

Judge Hamilton began his opening remarks about 3:10 p.m. after an introduction from Indiana's senators, Republican Dick Lugar and Democrat Evan Bayh, the latter being the legislator who'd recommended the judge for the seat.

The full hearing lasted until about 4:15 p.m. and included consideration of two other nominees, one assistant attorney general nominee and a drug control policy director prospect. Senators asked all three questions simultaneously, making it difficult to distinguish exactly how long each testified for.

Those at the hearing said that in his first 15 minutes, Judge Hamilton answered questions about specific cases he's handled during his 14 years on the bench and talked about how he would recuse himself from cases, if necessary.

Judge Hamilton spoke about at least three cases, including his Henrichs v. Bosma decision in 2005 involving legislative prayer, his Doe v. Prosecutors case in 2008 involving search and seizures of sex offender computers and residences, and his past string of decisions involving Indiana's informed-consent for abortion laws.

A transcript of the hearing will be published once it's completed, Chabot said.

The most current coverage of the nomination process can be found at the Indiana Lawyer Web site, and an in-depth story on Judge Hamilton can be found in the April 1-14, 2009, issue of Indiana Lawyer.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.