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IndyBar: Interrogatories with Hon. Jane Magnus-Stinson

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By Tyler D. Helmond, Voyles Zahn & Paul PA

magnusstinson mug iba Hon. Jane Magnus-Stinson, Judge, United States District Court for the Southern District of Indiana

She is a graduate of Butler University and the Indiana University Robert H. McKinney School of Law. She was an associate at Lewis Wagner LLP, counsel to Gov. Evan Bayh, and a Marion Superior Court judge prior to her appointment to the federal bench. She is Judge Jane Magnus-Stinson, and she has been served with interrogatories.

Q What is your philosophy on clerkships? What do you look for when you are hiring a clerk, and what do you hope to give and get in the judge-clerk relationship?

A My philosophy is to hire smart, quick, experienced, diverse people whose company I enjoy. I have been fortunate to find a number of clerks with experience as practicing lawyers, and their insights are invaluable. I have not been on the lawyer side of the bench for over 20 years. My hope is to give support, guidance and friendship and to get support, guidance and friendship.

 

Q You spent 12 years on the Marion Superior Court bench. What was the biggest challenge adapting to the federal bench, first as a magistrate and now as a district court judge?

A After 12 years in major felony court, I felt that I had gained a depth of knowledge after handling thousands of major felony cases. Here the subject matter is so diverse, gaining that sense of depth is impossible. But the diversity of cases is both intellectually challenging and stimulating.

 

Q Who has had the most important influence on your legal writing?

A Justice Ted Boehm is an important influence. Anyone who can work the latin equivalent of “so what” (de minimis no curat lex) into an Indiana Supreme Court opinion deserves emulation. D & M Healthcare v. Kernan, 800 N.E. 2d 898, 900(2003). Seriously, Justice Boehm’s opinions were cogently written and in language that all readers could understand. I strive to write in such clear, plain language.

 

Q What are the most common mistakes you see advocates making today?

A First, let me say that I am delighted to be a judge in the Southern District of Indiana where I think the caliber and civility of advocates ranks quite high.

To answer your question:

1. Improperly pleading federal diversity jurisdiction.

2. Filing motions for summary judgment when it is evident there are fact issues.

 

Q Before your nomination to the federal bench, you were interviewed by officials from the Department of Justice and the Office of White House Counsel. What was that process like?

A The process was, as it should have been, quite rigorous. The people with whom I met were deciding whether the President of the United States should put his name behind my nomination to a constitutional appointment. They asked challenging questions, and called many people here in Indianapolis to check me out. Once President Obama decided I would be nominated, they became staunch allies and defenders. One remains a dear friend.

 

Q How did you choose to attend Butler University after graduating from a high school in the Chicago area? What advice would you give to a parent facing the college selection process today?

A I had one B in high school and my parents were looking for a way to broker my grades into a scholarship. My guidance counselor recommended Butler, which had a generous merit scholarship program. Thanks to Butler I received a full tuition scholarship and a fantastic liberal arts education.

My advice to parents: Follow the money. Seriously, my advice is work with your child’s high school college counselor to develop a short list based on your child’s interests and then hit the highway. The proliferation of information and rankings on the Internet is overwhelming and college visits can provide great insight into the feel of a campus and its students. Then, choose Butler or Indiana University (my two alma maters).

 

Q Where do you get your news?

A The Indianapolis Star, The Indiana Lawyer, The Indianapolis Business Journal, NBC, MSNBC, The Washington Post’s Wonkblog, my husband.

 

Q What’s on your iPod?

A It’s wholly eclectic: start with ABBA and end with Zac Brown Band. A random shuffle came up with: Michael Jackson, Train, Eric Clapton, David Gray, Mumford & Sons, the Police, Karla Bonoff, Bruno Mars and Oasis. My favorite ways to keep current are buying the annual Grammy Nominees CD, and taking the advice of my good friend Commissioner Jeff Marchal who knows good music. Thanks to him I have “Sequestered in Memphis” by The Hold Steady.

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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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