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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. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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