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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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