Judicial nominations and political war games

June 25, 2008
Back to TopCommentsE-mailPrintBookmark and Share
Today's post is from IL reporter Michael Hoskins:

Indiana hasn’t gotten any news this week so far in the arena of federal judicial nominations. But what’s happened is worth taking a look at.

The full U.S. Senate Tuesday evening confirmed a controversial Michigan appellate judge to the 6th Circuit Court of Appeals based in Cincinnati. Judge Helene White was elected to the Michigan Court of Appeals in 1992. What makes this confirmation historic is that her name has been in the hat for the 6th Circuit for 11 years. That’s not a typo; more than a decade. Her actual nomination came from President Bill Clinton in 1997, but Republicans blocked it and the nomination languished for years. She never received a vote before President George W. Bush withdrew her nomination in 2001. That’s the longest time without a vote for any judicial candidate in Senate history. In legal circles and those watching judicial confirmations, Judge White’s nomination had become a symbol of how partisan politics can influence the judiciary. Angry Democrats and Republicans have been battling since 1997 about this nomination, accusing each other at times of trying to pack the courts to direct rulings to their liking.

Earlier this year, President Bush resubmitted Judge White’s name in exchange for his choices of two other Michigan nominees: attorney Raymond Kethledge to another 6th Circuit vacancy and U.S. attorney Stephen Murphy (who the current president had originally wanted for the 6th Circuit). The three were a package deal.

Of course, nothing that controversial is coming from Hoosier state as it relates to recent and current nominations. That’s the good news. Judge John D. Tinder easily made it to the 7th Circuit last year and Magistrate Judge William T. Lawrence is sailing through the confirmation process since being nominated by President Bush in February. As with Judge Tinder’s confirmation, both Indiana senators – Republican Dick Lugar and Democrat Evan Bayh – came together to smile, shake hands, and say good things about the judicial nominees from their state. The Senate may vote on Magistrate Lawrence’s nomination Thursday and if the recent past is any indication, it’s expected to be a historic, and completely uncontroversial, confirmation.

But in a time when judicial independence is trumpeted by so many at all levels, what does this 6th Circuit political bickering say about politics and the judiciary overall? Practically, delays mean vacancies. That means courts must juggle rising caseloads, and that’s just not good for anyone in the legal system. But how can we talk about judicial independence on one hand and then watch as politicians try to cherry-pick candidates? It seems this can be seen everywhere from the federal level to the state level.
ADVERTISEMENT
  • It seems that there always has been, and always will be, political tension in the nomination process, particularly with nominees who have political baggage. As exemplified by Judges Tinder, Hamilton and Lawrence,

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
ADVERTISEMENT
  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

ADVERTISEMENT