More ISBA tidbits

October 3, 2008
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From IL reporter Michael Hoskins:

Five newer faces on the federal bench (or at least, ones in relatively new roles) came together Thursday afternoon at the ISBA annual meeting. They were Magistrate Jane Magnus-Stinson, selected about two years ago to replace retired Magistrate V. Sue Shields; Judge William T. Lawrence, who's been recently elevated from magistrate in the Southern District; Magistrate Debra McVicker Lynch, who has been chosen by the Southern District to replace Lawrence and hopes that can happen by Dec. 1 following an ongoing FBI check; Judge Joe Van Bokkelen in the Northern District, who took his judicial seat last year; and Judge John D. Tinder, who's been promoted to the 7th Circuit from the Southern District. The group talked about their new roles and what they like and don't like to see from lawyers.

Judge Lawrence quoted one of his colleagues on a question he often receives: What's the best path to becoming a judge? He and Judge Sarah Evans Barker say, "The best path to a judicial career is the one you see in the rearview mirror."

Judge Tinder noted how transportation is the biggest challenge so far in his new role, since he's expected to be in Chicago for arguments roughly 35 days of the year. He’s tried different modes of transportation, and it all equates to time lost traveling. The 7th Circuit hears more arguments than any of its sister appellate Circuit Courts, and with all the other duties he has (such as reviewing rehearing petitions in about 25 percent of all cases), Judge Tinder says it's all a challenge he hadn't anticipated.

Judge Van Bokkelen shared that magistrates in his District handle all settlement matters, and judges don't even see most cases until the discovery process is complete. Judge Lawrence noted how common settlement negotiations are in the lower District, and also encouraged state appellate attorneys to cross over into the federal arena more often, especially since the federal courts use case management plans that state appellate level does not.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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