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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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