Interviews over, now wait begins

July 30, 2010
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From IL reporter Mike Hoskins:

JUDGE ROBYN MOBERLY: Though she’s proud of handling some of the most complex and varied litigation throughout the state, Judge Moberly said she’s most proud of the energy and initiative she’s put into the state’s Family Court Project, which she’s been a part of since it started almost a decade ago. “One reason I mention that, not only because it’s a passion of mine, is that I want to illustrate the possibilities of what support from the Supreme Court can do for local communities.”

The burgeoning number of pro se litigants is one of the biggest concerns she sees the judiciary facing, and one idea would be for the justices to implement a public law librarian program modeled after how the court recruits teachers to educate students about the Third Branch. Judge Moberly also explained the importance of managing the inevitable statewide court system changes, and how statewide funding is a significant point to consider. She said regional funding might be a step in that direction, and something that everyone can more easily agree on.

Judge Moberly discussed her multiple Supreme Court assignments on disciplinary cases, media matters, and the child support guideline revisions. She also reflected on her views on precedent when there are conflicting Court of Appeal panel rulings, that the doctrinal basis of each case and issue must be analyzed, she said.

JUDGE STEVEN NATION: Judge Nation was the only of the nine semi-finalists that commission members almost didn’t have enough time to ask any questions of, as he spent almost his entire 30-minute interview addressing the submitted two-part question. As far as his biggest accomplishment, he told members about how he wants to be remembered for treating everyone in his court with respect.

The judge discussed how the courts could better reach out to at-risk attorneys on mentoring and tutoring, and he also suggested changes in how judges are designated to do complex litigation. Senior judges could be used to handle the more regular judicial tasks while the active judge handles the more complicated matter. He also suggested expanding the use of interlocutory appeals, as well as getting attorneys more involved in the overall process in different ways.

KIPLEY DREW: She delved into her background that touches on a wide variety of issues, from evicting college residents, to a multi-million software contract, to how daycare operators might have to be aware of a decree or protective order when someone comes to pick up a child. Drew praised the court reform efforts on judicial education and said she’d like to see more outreach opportunities to enhance the public perception of the state judiciary. She talked about justices having to maintain an extra level of discretion to avoid the perception of impropriety, and that while politics shouldn’t be a consideration a justice must be aware of potential ripple effects from any decision.

One commission member asked Drew about her ability to not be influenced by her husband's job clerking for Indiana Court of Appeals Chief Judge John Baker. She said it wouldn't be an issue.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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