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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 will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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