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Governor names Boone Circuit judge to Indiana Supreme Court

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Gov. Mitch Daniels announced this morning his pick for the state’s highest appellate court, choosing Boone Circuit Judge Steven H. David to replace retiring Justice Theodore R. Boehm once he steps down Sept. 30. The Republican governor chose the longtime trial judge over Marion Superior Judge Robyn Moberly and Bingham McHale attorney Karl Mulvaney, who were the finalists forwarded on Aug. 5 from the Indiana Judicial Nominating Commission.

While the governor’s choice shifts the court’s balance as far as prior judicial experience versus private practice background, this means the Supreme Court will remain an all-male institution. Only the Indiana and Idaho high courts do not currently have a woman justice.



The governor interviewed the three finalists during the first week of September and said he made his decision Tuesday. In making his selection, the governor said Judge David stood out for his distinguished 15 years on the trial bench, his past experience as corporate counsel, and his longtime military legal career.

“Lastly, I heard from Steve David the clearest expression of commitment to proper restraint in jurisprudence, and deep respect for the boundaries of judicial decision-making,” Daniels said at a morning news conference. “He will be a judge who interprets, rather than invents our laws.”

Judge David was one of the initial 34 applicants for the spot, 19 of which were women. Four of the nine semi-finalists brought back for second interviews were women.

The governor said he would have “liked nothing more” than to name a woman to the court, but that his decision was based on the merits. He might have used gender diversity as a “tie-breaker,” but this wasn’t a tie, he said.

“My task was to find the best person on the merits, and I’m sure I did,” Daniels said. “Now the state is going to benefit from that for years to come.”

A 1982 graduate of Indiana University School of Law – Indianapolis, Judge David began on the Boone Circuit bench in 1995. He was in the U.S. Army Judge Advocate General’s Corps until the mid-1980s, when he began practicing in Columbus at law firm Cline King King & David. After that, he served as corporate counsel for Mayflower Transit in Carmel. Since taking the trial bench, he’s presided over all types of civil, criminal, and juvenile matters and also served as special judge by Supreme Court appointment and hearing officer or special master in attorney and judicial misconduct cases. Click here to view Judge David's application.

He’s remained in the Army Reserves and worked on reforming the treatment of detainees in Iraq in 2003, as well as serving as chief defense counsel for Guantanamo Bay detainees at one time. He retired from his military service on Sept. 1.

Standing with his wife Catheryne Pully – who is the Indiana State Bar Association’s local and specialty bar liaison - in the governor’s office this morning, Judge David said this is a continuation of a lifetime priority of public service. He hopes to add to the already-strong sense of professionalism and civility displayed by the court.

“This is an opportunity to serve in a different capacity,” he said. “Everything in my life is about public service and this is not something that I planned on doing, but something that just came along. The lesson learned is it’s OK to dream. Hard work can pay off.”

With this appointment, the governor will need to fill the Boone Circuit vacancy and name someone for the remainder of that term expiring in 2012. No timeline has yet been outlined for that process.
 

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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

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  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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