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. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

ADVERTISEMENT