ILNews

First interviews done for COA opening

Michael W. Hoskins
January 1, 2007
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They came to the capitol building in Indianapolis from across the state, facing a barrage of questions about why they want to be an appellate court judge.

Seven will return for a second round next month.

The Judicial Nominating Commission conducted its first round of interviews Tuesday for a seat on the state's second highest appeals court, an opening that will be created by Judge John T. Sharpnack's retirement in May 2008.

The seven semi-finalists, selected after the daylong session of interviews and closed-door deliberations lasting about an hour, are Dubois Superior Judge Elaine B. Brown, Morgan Superior Judge Jane Spencer Craney, Wayne Superior Judge P. Thomas Snow, Dearborn Superior Judge G. Michael Witte, Sen. Brent E. Steele of Bedford firm Steele & Steele, Leslie C. Shively of Shively & Associates in Evansville, and Stephen J. Johnson, executive director of the Indiana Prosecuting Attorneys Council.

Those who didn't make the first cut included Greenwood attorney William Barrett, Morgan Superior Judge Christopher Burnham, Henry County Prosecutor Kit C. Dean Crane, New Albany attorney Richard Fox, Vincennes attorney Jeffrey Kolb, Boone Superior Judge Rebecca McClure, Vanderburgh County deputy prosecutor Daniel Miller, and Mitchell attorney William Mullis.

"We have one of the best fields of candidates I can remember," Chief Justice Randall T. Shepard, who chairs the commission, said after the interviews. "We just don't have enough room for them all."

During interviews, commissioners asked typical questions, including why they want to be on the court, how applicants thought their background would influence or complement their work on the court, what particular areas of law they might like to see addressed, and their views about balancing quantity and quality in a time of increasing caseloads. Commissioners focused on specific points of interviewees' backgrounds, such as cases they've handled to their particular interests inside and outside the law.

Three applicants - Dean, Mullis, and Judge Burnham spent time in their interviews talking about their military experience and how it compliments their legal experience and would do the same if they were selected for the appellate seat.

Judge Burnham also spoke about his interest in technology and involvement with the Judicial Technology and Automation Committee since its inception. He went up against one of his local colleagues, Judge Craney, who he had also worked under years ago - she was Morgan County Prosecutor and he was a deputy prosecutor during the 1980s.

Boone Superior Judge Rebecca S. McClure told the commission about three cases she felt were important and demonstrated her analytical skills. One dealt with home-schooled students who wanted to take one course at a local school. Another was a case involving golf carts being classified as motor vehicles, and the third - which she couldn't say much about because it's ongoing - involves former Indianapolis Colts quarterback Jack Trudeau, who is charged with contributing to the delinquency of a minor and aiding, inducing, or causing illegal possession or consumption of alcohol by a minor. All three cases present issues of first impression in Indiana, she said.

Judge Witte from Dearborn County sees the role of an appellate judge evolving from its traditional functions, noting that a jurist must be more of a leader in the judicial branch these days rather than just issuing decisions.

When Wayne Superior Judge Snow was interviewing, Chief Justice Shepard noted how he was impressed with what people said about the judge in how well he treats lawyers and litigants, and the chief justice described that as assuring.

Later, the chief justice also said he was impressed with the connection Johnson has with the different branches of the government and the legal community as the head of the Indiana Prosecuting Attorneys Council.

Dubois Superior Judge Brown told commissioners she brought a unique perspective to the applicant field. She's been a judge for 15 years but is only 3 ½ years removed from active law practice because her judicial terms have not been concurrent. That has given her insight into both sides of the bench and helps her see firsthand how settlements, expedited hearings, jurist approachability, and overall court efficiency really help the practicing bar.

Judge Brown, who was assigned to preside over a Clark County case involving judicial mandates, said she hopes the appellate opportunity could help her become a "true student of the law."

Trial judges, prosecutors, and trial lawyers all want one of their own on the appellate court, according to one of the commissioners, who asked applicants what they thought about that sentiment and who they think is the best to serve on the court.

"You shouldn't be looking for someone to fit in one of those categories," Judge McClure said. "You want a person who will work hard and loves the law, and will represent the masses."

Now that the seven-member commission has selected semi-finalists, those chosen will return for second interviews scheduled for Dec. 12. Before that second round, the commission will decide a question for applicants to consider and focus their answers on.

Three finalists' names will be given to Gov. Mitch Daniels to make the final decision, which by law must happen within 60 days of receiving the commission's nominations.
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  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

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  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

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