Unique situation for Gov. Daniels

August 12, 2010
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Gov. Mitch Daniels might not make the most appointments to our state’s appellate courts while in office, but today he finds himself in a pretty interesting position. He’ll be only the second governor to have appointed someone to all three of Indiana’s appellate courts.

In 2007, he chose Indiana Court of Appeals Judge Cale Bradford, and Judge Elaine Brown in 2008. This year, he’ll select Indiana Supreme Court Justice Theodore Boehm’s replacement, as well as the next Indiana Tax Court judge. Judge Thomas Fisher announced he’s stepping down Jan. 1, 2011.

We’re currently waiting for his decision as to who the next justice will be. The Indiana Judicial Nominating Commission selected Boone Circuit Judge Steven David, Marion Superior Judge Robyn Moberly, and Bingham McHale attorney Karl Mulvaney as finalists. Justice Boehm leaves the bench Sept. 30.

Now, Gov. Daniels will be able to leave his legacy on the state’s Tax Court, created in 1986. Judge Fisher has been the only judge to sit on that court. He was appointed by Gov. Robert Orr, the only other governor to have appointed someone to all three appellate courts. Two of his appointments are still on the Supreme Court: Justice Brent Dickson and Chief Justice Randall T. Shepard.

As far as current appellate judges, Daniels is beaten so far in the number of appointments made by Govs. Frank O’Bannon and Evan Bayh. The majority of appellate judges currently serving were appointed by them. But, there’s still plenty of time before Daniels’ term is up for some other judges to decide to step down.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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