Nominations would fill 3 U.S. District judicial posts.

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A federal magistrate, a trial court judge, and a banking attorney who's served as a federal and county prosecutor are in line to be the newest additions to Indiana's federal bench.

Sen. Evan Bayh announced Jan. 18 that U.S. Magistrate Judge Jane Magnus-Stinson, Marion Superior Judge Tanya Walton Pratt, and Jon E. DeGuilio would be nominated for three openings in the state's two U.S. District Courts.

The Southern District seats are open after Judge Larry McKinney took senior status in July and following Judge David F. Hamilton's elevation in November to the 7th Circuit Court of Appeals. In the Northern District, the nominee would fill the void left by Judge Allen Sharp, who died in July after serving in senior status for about two years.

Traveling to Indianapolis, Bayh conducted a news conference at the building named after his father - the Birch Bayh Federal Building and U.S. Courthouse at 46 E. Ohio St. - inside the William E. Steckler ceremonial courtroom, introducing each of the three nominees.

While the announcement comes as a first in the number of Hoosier judicial nominations named at the same time, Judge Walton Pratt represents a historic milestone in that she'd be the first African-American to hold a seat on the Indiana federal bench.

"Today, we take a historic step in creating a more diverse federal judiciary in our state," Bayh said. "These highly qualified Hoosiers have impeccable records and rich backgrounds that will help move us closer to our goal of realizing equal justice under law."

* Judge Walton Pratt is currently the presiding judge in the Marion Superior Probate Division. She's been in that role since serving as presiding judge from 1997 to December 2008 of the criminal division, where she handled major felonies and presided over 20 to 35 jury trials a year. She was first elected in 1996 but had served as a master commissioner in Marion Superior Court since 1993. Before donning the robe, Judge Walton Pratt was a partner in the Indianapolis law firm of Walton & Pratt, focusing her practice on family law, bankruptcy, and probate law. She had also worked as a deputy public defender in Marion County. She earned her law degree from Howard University School of Law.

* Judge Magnus-Stinson started at the Marion Superior Court in 1995 as a replacement to Judge John Tranberg, taking over that court and through the years presiding over every type of felony case. She also served as associate presiding judge of the Marion Superior Court Executive Committee. She moved to the federal bench in January 2007 to replace the retiring Magistrate Judge V. Sue Shields. Prior to the state bench, she served as counsel and deputy chief of staff to then-Gov. Bayh from 1991 to 1995, and she practiced in civil litigation at LewisWagner for seven years before that. A native of Wisconsin, she earned her law degree from Indiana University School of Law - Indianapolis in 1983.

* DeGuilio is executive vice president, general counsel, and corporate secretary for Northwest Indiana Bancorp, and is also executive vice president and general counsel for Munster-based Peoples Bank. He joined the bank in December 1999 as senior vice president and trust officer after leaving the public sector where he served as U.S. Attorney for the Northern District of Indiana from November 1993 to June 1999. DeGuilio is a former Lake County prosecutor and has worked as a public defender. He also was a partner with Barnes & Thornburg and practiced in the law office of James L. Wieser. He earned his law degree from Valparaiso University School of Law in 1981.

Bayh said that each nominee has proven to be deserving of public trust, demonstrating the highest ethical standards and a firm commitment to applying the country's laws fairly and faithfully.

"They know their job is to interpret our laws, not write them," he said.

Last year, members of the newly formed Metropolitan Committee for Judicial Justice group urged the president to use the judicial vacancies as an opportunity to address a lack of diversity to the openings in South Bend and Indianapolis. Currently, U.S. Judge Theresa Springmann in South Bend and Judge Sarah Evans Barker in Indianapolis are the only two women to serve on the state's federal bench. U.S. Judge Rudy Lozano - on the bench since 1984, he took senior status in July 2007 - was the first Latino ever appointed to the federal bench in Indiana and has been the only minority appointee.

As the White House is responsible for officially announcing any federal judicial nominees, Bayh's remarks on Martin Luther King Jr. Day prefaced what was expected to be confirmed by the White House once President Barack Obama officially nominated each person. Following that, each jurist faces Senate confirmation - a process that has no timeline but could be influenced by the timing of the congressional elections in November and significant ongoing legislative issues, such as health-care reform.

These judicial nominations mean that Indiana now has a total of five nominations pending before the U.S. Senate. Just before Christmas, the president nominated David Capp for U.S. Attorney for the Northern District of Indiana. That nomination hasn't moved since Dec. 23, but it's expected to soon start moving through the confirmation process. Bloomington law professor Dawn Johnsen was nominated a year ago by President Obama to lead the Office of Legal Counsel within the Department of Justice, but her nomination stalled. Though her selection essentially died at the end of last year, the Senate has revived her initial nomination and the Senate Judiciary expects to hold additional hearings within the coming months.

Now Indiana is only waiting on word from the White House about who will be selected as U.S. Attorney for the Southern District of Indiana. That post has been open since the former top prosecutor stepped down in September 2007; second-in-command Tim Morrison has been acting in that role until a new person is confirmed.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.