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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. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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