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Governor: Mark Massa 'superb choice' for Supreme Court

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On Chief Justice Randall T. Shepard's final day as a member of the Indiana Supreme Court, Gov. Mitch Daniels named Mark S. Massa, a former state and federal prosecutor, as the state’s newest justice.

Daniels chose Massa, director of the Indiana Criminal Justice Institute, on March 23 over Indiana Court of Appeals Judge Cale Bradford and Indiana Judicial Center Executive Director Jane A. Seigel. His selection came exactly one month after the three finalists had been chosen for his consideration.

Describing his pick as a superb selection and the finest choice he could have made, Daniels said he was impressed by Massa’s background and experience with all three branches of government as well as multiple aspects of legal practice. He has the merit, principle and temperament to be a great justice and make his own historical contributions on “America’s best Supreme Court,” the governor said.

A 1989 graduate of Indiana University Robert H. McKinney School of Law, Massa, who turned 51 on March 6, has led the Criminal Justice Institute since May 2011 and served as the governor’s general counsel from 2006 to 2010 before making an unsuccessful run for Marion County prosecutor and temporarily chairing the Indiana Alcohol and Tobacco Commission.

Massa served as an assistant U.S. Attorney in the Southern District from 2002 to 2005, where he oversaw criminal investigations and led a task force to combat mortgage fraud. Before that, he worked as chief counsel and a deputy prosecutor in the Marion County Prosecutor’s Office for about seven years.

Early in his career, Massa trained under Shepard as his law clerk.

“This is a sobering responsibility, and I can’t put into words how much it means to be appointed by my governor to replace my judge,” Massa said. “It’s not something any attorney does, looking in the mirror and seeing a potential Supreme Court justice staring back. This is going to take a while to get used to.”

In a statement, Shepard said that Massa has the character, mental power and generosity of heart to serve in ways that will make Indiana a place of greater justice.

The governor said that the fact Massa previously served as his general counsel may have actually worked against him as a candidate, because he was so familiar with Massa that he overlooked what the legal community thought about him. Daniels said he was moved by the evidence and testimony in support of Massa.

No start date has been scheduled, Massa said, but he will begin winding down his work at the criminal justice institute while immediately transitioning to the court to begin getting familiar with the new job.

Massa joins Justices Steven David, Brent Dickson, Robert Rucker and Frank Sullivan on the Supreme Court. Indiana remains one of only three states without a female on the Supreme Court bench; the other two are Idaho and Iowa.

With Massa chosen, the Judicial Nominating Commission will be able to move forward with the process for appointing a new chief justice to a five-year term to succeed Shepard. All five justices will have the opportunity to be considered for that position. Dickson is serving as acting chief justice until that decision is made.

Dickson said Friday that a decision was made to let the new justice “get settled” on the court before moving ahead with chief justice appointment. He said the commission likely won’t make a chief justice appointment before the process begins to replace Indiana Court of Appeals Judge Carr Darden, who is retiring in July.

 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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