Justice interviews begin

July 30, 2010
Back to TopCommentsE-mailPrintBookmark and Share

From IL reporter Michael Hoskins:

Commission members began arriving about 8 a.m.

Once the interviews began, the chief justice welcomed and congratulated each person and then led off with the two-part question that had been sent to each semi-finalist earlier in the week.

JUDGE STEVEN DAVID: He began by asking “Is the rumor true? That I can reserve five minutes for rebuttal at the end?” Garnering a laugh by commission members, the chief justice said, “No, it’s not.” Judge David talked about being first in his family to go to law school

Judge David said the biggest challenge is how the state judiciary stays efficient and relevant without much money, and he said more centralized operation and coordination between the 92 counties must be explored. The court must be as open and transparent as possible in order to make sure litigants have adequate access to justice. The judge noted he wasn’t afraid of cameras in the court.

Commission member Keck asked how a judge should factor political, social, and economic ramifications into their decision-making. The judge responded that he’d separate them all, but that it’s not unusual to factor economic and social impacts into some decisions. But not political impacts, he said.

“This may have lost me the nomination,” he said, “but as a judge, I don’t blog. I don’t Facebook. I don’t want to read what people are saying, though I respect what they’re saying and will defend that right to the death. I make decisions that people have appealed and haven’t been happy about. But they respect the process and my decision enough. I’m fascinated by politics, but that doesn’t have any place in being a judge.”

TOM FISHER: Fisher said his greatest professional accomplishment was being able to argue three cases before the Supreme Court of the United States, two of which he’s won. The most significant was the voter ID decision.

Advocating against and defending lower court decisions is a significant accomplishment in itself, but being successful at the SCOTUS “adds another dimension to my practice.”

As far as changes to the judiciary, Fisher said e-filing was one example that he thought of, a concept that he’d like to see mirror PACER in some ways. Already, JTAC is implementing a statewide case management system and the state has recently started seeking feedback for an appellate system with e-filing being a major aspect. Another area might be for the state judiciary to examine procedural rules about how they mesh with the federal system. There might be an opportunity for Indiana to be proactive on evidentiary rules, and even lead the nation on this. The final area he discussed was addressing how we handle transfer petitions, particularly reviewing the briefing process so that more might be allowed in some cases. Under current system, the Court of Appeals is best place for an amicus party to get involved rather than file a brief on the transfer request.
 
JUDGE CYNTHIA EMKES: Judge Emkes said her biggest accomplishment is in assisting the judiciary in expanding its knowledge of death penalty cases. “It’s been so satisfying to be a part of that, to attend and teach at conferences where judges seem so much more comfortable after those conferences because of what they’ve learned.”

Regarding the two areas of change the commission members asked candidates to consider, Judge Emkes said she’d to see the high court work to expand problem-solving courts. Right now, re-entry and drug and community courts are great and beneficial, but there aren’t many in the civil arena, she said. She researched about 20 other states that have done this with business courts. Indiana’s courts are backlogged, and it can take a very long time to get cases heard in court and that hurts businesses. Some states have used law schools to help do this, she noted.

Secondly, she’d like to see the Supreme Court give guidance to the lower courts on how to better combat recidivism. Trial judges really haven’t embraced that, she said, and given focus to sentencing and recidivism that they could. Trial court judges need guidance from the Supreme Court, and the judiciary needs to embrace these best practices as soon as possible.

Judge Emkes was asked about the rate of reversals she’s seen from higher appellate courts on her cases – roughly a third. She responded that sentencing disparities are a tough issue to address. The state statutes are good and comparable to other states, but each community is different and judges face many factors in deciding what is an appropriate sentence. She said the toughest ethical issue she faces as a judge is campaign contributions in running for the bench, because any candidate and judge must be careful about what money they can take from attorneys and potential litigants who might appear before them in court.

NEXT UP: Boshkoff, Mulvaney and Steele…

 

ADVERTISEMENT

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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT