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Praising new judicial selections

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The Hoosier legal community is publicly praising the newest nominees for the state's federal bench as good choices, particularly for those interested in seeing a more diverse judiciary.

The White House announced Jan. 20 that Jon E. DeGuilio , U.S. Magistrate Judge Jane Magnus-Stinson and Marion Superior Judge Tanya Walton Pratt would be nominated for three openings in the state's two U.S. District Courts.

This came two days after Sen. Evan Bayh, D-Indiana, made the announcement about the nominations at the federal courthouse in Indianapolis on Martin Luther King Jr. Day. 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. The Southern District seats are open after Judge Larry McKinney took senior status in July and Judge David F. Hamilton was elevated in November to the 7th Circuit Court of Appeals.

While the triple-announcement comes as a first in the number of Hoosier judicial nominations made at the same time, Judge Pratt represents a historic milestone in that she'd be the first African-American to hold a seat on the federal bench in Indiana. Also, if Judges Pratt and Magnus-Stinson are approved, this would double from two to four the number of women on Indiana's federal bench.

The nominations come just as a new University of Albany study shows that female representation among the federal judiciary is lacking nationally - women make up 22 percent of all federal judgeships, with most states at the 20 percent mark and only Connecticut and New Jersey hitting the 33 percent mark. Currently, U.S. District Court Judges Sarah Evans Barker and Theresa Springmann put Indiana at the 20 percent mark, but if the new female nominees are confirmed, four of the 10 federal judges would be women.

Aside from the historic nature of the female nominees, Bayh described all three as being "recognized leaders in the Indiana legal community, demonstrating experience, insight, and non-ideological temperament that Hoosiers should expect from their judges. Indiana's Republican Sen. Dick Lugar praised his colleague's deliberative process in choosing these three, whom he also describes as legal community leaders.

DeGuilio currently serves as general counsel and vice president for Peoples Bank in northwest Indiana, after his six years in the 1990s as chief federal prosecutor for the Northern District of Indiana, and a stint as Lake County prosecutor and as a public defender there. He's also worked as a partner at the South Bend office of Barnes & Thornburg.

Magistrate Judge Magnus-Stinson started at the Marion Superior Court in the mid-90s and through the years presided over every type of felony case before moving 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; she also worked in the civil litigation practice at LewisWagner for seven years before that.

Judge Pratt is on the Marion Superior bench, currently presiding over civil and probate cases after many years of handling major felony cases. She also has served on the Marion Superior Court's executive committee. She was a family law and probate attorney and a deputy public defender prior to taking the bench.

The first step for each of the nominees is the Senate Judiciary, which must approve a nomination before sending it to the full Senate for consideration. No timeline exists on the confirmation process, but the past four Indiana judicial nominees have taken anywhere from four to eight months. Nationally, other judicial nominations have been delayed for years when opposition arose.

In the legal community, attorneys asked about their thoughts on the nominations expressed satisfaction about each of the nominees whom they've practiced with or appeared before either in state or federal court.

Attorney Larry Evans at Valparaiso law firm Hoeppner Wagner & Evans, a frequent practitioner in federal court, said he's known DeGuilio through bar association and other connections through the years. Even though he hasn't had experience on the bench, Evans said he thinks his colleague is well qualified and has the ideal temperament, judicial demeanor, and overall intellect for the bench.

"That's not necessarily a good thing," he said about only having nominees who've presided on the bench. "That's the European model, where you're trained to become a judge right out of law school. But that's not how our system operates."

Other attorneys in the Northern District, such as Bill Padula in Munster and T. Edward Page in Merrillville, said that DeGuilio would make a fine addition to the federal bench because of his professionalism, temperament, and sharp legal mind. For DeGuilio, federal dockets show his name appearing in 40 criminal, civil, and bankruptcy cases through the years, mostly in the mid-90s.

In the Southern District, Indianapolis criminal defense attorney D. Alan Ladd spoke highly of the two nominees there, echoing the comments made by other attorneys. He's appeared before both and has found them to be fair and evenhanded.

Particularly, he praised how Judge Pratt moved from the criminal to probate side following the death of longtime Superior Judge Charles Deiter in late 2008.

"That was not an easy transition for anyone because it's a total change of gears, but she's very bright and thoughtful and did it so well for everyone involved," he said. "They both have great temperament and I'm pleased to see them both nominated."

Indianapolis attorney John Kautzman at Ruckelshaus Kautzman Blackwell Bemis & Hasbrook also said he has experience appearing before both Southern District nominees.

"I always favor judges who have trial court experience," he said. "That's a valuable resource to draw upon, and I think it makes them better federal judges."

He's found both to have an unusual and uncanny ability to cut through miscellaneous and complex issues and get right to the heart of a matter, and make practical decisions for all parties.

"That's a strong and important trait for any judge," he said.

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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