Judge reflects on new position on 1-year anniversary of confirmation

November 24, 2010
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This post is by reporter Michael Hoskins.

A year ago, U.S. Judge David F. Hamilton got the green light from the Senate to move up to the 7th Circuit Court of Appeals from the Southern District of Indiana. His confirmation came Nov. 19, 2009, and he began his appellate duties on Nov. 22.

The dates didn’t stand out on his calendar recently, but the judge gladly took some time to talk with Indiana Lawyer about his positive experiences in the new job so far.

“At this point, I feel like I’m settling into the job pretty well,” he said, noting that he hasn’t counted the arguments he’s heard or the opinions written so far. “I’m just focusing on the work that needs to be done. I do miss the trials and closer interaction with juries and lawyers and witnesses, but I do enjoy the challenges.”

Traveling to the Chicago-based appeals court a couple times a month, Judge Hamilton said he usually gets there for two-day sittings at a time but also for non-argument duties. He’s also enjoyed becoming a part of the law school campus in Bloomington, spending as much as three-quarters of his time there. Though he’s had some interaction with students – participating in one class session so far and planning on more this next spring semester – the judge said he mostly is able to attend the lectures and events at the law school because of his judicial duties.

Coincidentally, that lecture-attending ability also gave him the chance most recently – on the day marking his confirmation vote in 2009 – to attend an event focusing on his sister-in-law Dawn Johnsen, who is an Indiana University Maurer School of Law professor who’d been going through the Senate confirmation process for a top Department of Justice spot at the same time. But while the judge survived that process, Johnsen withdrew her name from consideration earlier this year because of partisan delays and debate.

On Friday, she gave a lecture at the law school that marked the first time she publicly talked about that whole process. Judge Hamilton attended the event to hear her speak, since he now has one of his offices located at the Bloomington law school where Johnsen teaches. The judge declined to comment on Johnsen's nomination process and said he’d prefer to keep his focus on his own judicial work. You can read a new Indiana Lawyer story on that in our latest edition that’s posted online about her experience.

Of course, those two going through the same confirmation process at the same time certainly makes you ponder what it’d be like to be a fly on the wall at the upcoming holiday gatherings, or even those from last year just after the judge’s confirmation while her’s was still pending. That may be details we’ll never know.
 

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  1. G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.

  2. SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.

    Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
    Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
    Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
    It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.

  3. Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
    As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
    This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.

  4. Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.

  5. This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.

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