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Indiana justice gender issue resurfaces

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Seventy-two percent of applicants for the current vacancy on the Indiana Supreme Court were women. After a first round of interviews, 60 percent of semifinalists were women. The number fell to 33 percent – just one woman – by the time Gov. Mitch Daniels got the final three names.

Nation Nation

The numbers are disappointing to court watchers who thought odds were stronger this time around that two or potentially three women might be among the finalists from whom Daniels will appoint the next justice.

Indiana is one of just three states, including Idaho and Iowa, that have no women on their supreme courts. Only one woman, Myra Selby, has ever served on Indiana’s Supreme Court. She left the bench in 1999 after four years.

Charles Geyh, a professor and judicial appointment expert at Indiana University Maurer School of Law, said the issue represents at the very least a perception problem for the judiciary and the selection process, though he said the finalists selected each were imminently qualified. He said gender “absolutely” should be a consideration for the high court vacancy.

loretta rush Rush

“This isn’t about affirmative action, and I recognize the Supreme Court of Indiana is not like a legislature. Nonetheless, it does serve the people of Indiana, and by the way, half of them are women,” Geyh said.

“It’s hard to defend unless you can look at the Indiana bar and say women are so deficient that they don’t deserve a spot on the Supreme Court, and I don’t think anyone is that out of their mind,” he said. “To me, when you’re talking about a Supreme Court that’s serving the entirety of the state, you ought to be mindful, I think, of the perceptions you create.”

Diversity was a topic most semifinalists before the Indiana Judicial Nominating Commission were asked to discuss during their interviews on Aug. 8. Many of them said gender and racial diversity were important, but they said diversity of background, professional and life experience also were important.

geoff slaughter Slaughter

If Daniels does select a woman this time, it will be Tippecanoe Superior Judge Loretta Rush. Other finalists the commission selected are Hamilton Superior Judge Steven Nation and Taft Stettinius & Hollister LLP partner Geoffrey Slaughter.

“I think each one of them is well qualified and brings different strengths to the table,” said Joel Schumm, professor at Indiana University Robert H. McKinney School of Law who watched and commented on the commission’s interviews.

Schumm said Rush’s semifinalist interview with the commission stood out to him as the day’s best.

“She was confident but not arrogant,” he said. But Schumm said Slaughter is among the best appellate attorneys in the state, and Nation probably has the broadest base of experience of the finalists.

Schumm said he heard from a number of women who were upset that only one woman had advanced for the governor’s consideration. Schumm said he understood the sentiment, but he also understood the commission’s choices.

“It was an open and fair process, and what I hope doesn’t happen is fewer people or fewer women in general apply in the future,” he said. “That said, each one of the three finalists is well qualified and it’s hard to say how the governor makes a decision of who’s best qualified. … There’s not a consistent yardstick for that.”

finalistsThe commission’s decision was marked by a rare departure from its customary unanimous public votes in favor of a slate of three finalists. Commission member Jim McDonald, a Terre Haute private practice attorney, voted against the three finalists but declined to explain what prompted him to do so.

McDonald acknowledged the unusual circumstance, saying only, “I felt strongly enough then that I was going to vote my conscience.”

Daniels will have 60 days from the official receipt of a letter notifying him of the commission’s decision to appoint a justice to replace Frank Sullivan Jr., who retired from the court to join the faculty at I.U. McKinney School of Law. It’s unclear what role gender may play in Daniels’ decision, or whether he may move faster since Sullivan has departed.

“The governor will approach this vacancy the way he has the others,” Daniels’ deputy press secretary Jake Oakman said in a statement. “He will select the best qualified person and make the selection when he’s ready.”

Geyh said the fact that just one woman was among the finalists “kind of forces the governor’s hand a little bit. If he was going to choose a woman, he has only one choice.”

Melissa Cohen of Cohen & Sawochka P.C. in Merrillville is president of the Indiana Women Lawyers Association, a nonpartisan organization that represents about 100 attorneys, mostly in northwest Indiana. She said it’s a concern to the group that Indiana is just one of three states without female representation on the state’s court of last resort.

Cohen said all the finalists are qualified candidates, but “we thought there were enough qualified women candidates that more than one could be considered for the final three.”

“The Women Lawyers Association thinks that there are many qualified women in the state of Indiana who would be excellent Supreme Court justices,” Cohen said. “There were more women applicants than men. We’re grateful that there is at least one woman in the final three.”

Cohen said the IWLA’s mission is to support the advancement of women lawyers and judges. The group also conducts legal seminars and mentors women lawyers and law students.

“We do think that a woman Supreme Court justice will favorably change the dynamics of the Supreme Court and enrich the measure of justice,” she said.•
 

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  • pfft
    I have no problem with a woman judge at any level of the court system. nevertheless the sex-parity conversations smack of affirmative action and are totally inappropriate and undignified for the judiciary. I don't care that all the wonks and talking heads love to make these head-counting ethnic and "gender" analyses, they are all inappropriate for the small number of slots out there in the judiciary. When you categorize human types you can fashion as many categories as imaginable. So does every imaginable category need a represenatative on the bench? That whole conversation is ridiculous and the higher you go the more ridiculous it gets and the US Supreme Court discussions along these lines are the absolutely most offensive. Also I'm a white male, and yes these category style promotions are always at the expense of white males. Do I need to be happy that my category always gets the disadvantage? I'm not even if we are socalled "overrepresented."
  • New Justice needs to be Objective and Independent
    I too was disappointed to see only one female selected in the final three. There were many other candidates who weren’t former partners with the new Chief Justice and just as qualified. Although she is likely a qualified candidate shouldn’t the 2nd Indiana Supreme Court Justice give the appearance to be fair and impartial? After all isn’t that what justice are supposed to be? Didn't the legislature pass a bill last legislative session prohibiting cronyism and nepotism?

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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