President, Senate move on Indiana nominations

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Indiana's legal community got a mixed bag of gifts on Christmas Eve, as one former Hoosier attorney received Senate confirmation for an ambassadorship, a federal prosecutor in Hammond learned he might be promoted, and a Bloomington law professor got what amounts to a lump of coal as senators sent her nearly yearold nomination back to the president for reconsideration.

The flurry of activity started late Dec. 23 and carried over into Christmas Eve, with Sen. Evan Bayh announcing that David Capp would be the pick for the U.S. Attorney in the Northern District of Indiana. The veteran prosecutor has been with the office for 24 years, filling in three times as interim chief and most recently since July 2007 after his predecessor Joseph Van Bokkelen took the federal bench.

Capp has worked for the U.S Attorney's Office since 1985, serving as second-incommand as a deputy or interim chief since 1991. Since taking the temporary post two years ago, Capp has continued his predecessor's push to prosecute corrupt politicians and said corruption prosecutions will remain a priority as long as he heads the office. He also said drug pros- ecutions should make the region safer for families.

Prior to federal service, Capp was a partner at Cohen & Thiros in Merrillville. He is a graduate of Valparaiso University School of Law.

Capp now faces Senate confirmation, a process that will likely begin early this year. He declined to comment until that process is finished, but he said he was "truly honored" by the nomination. The White House officially announced Capp's nomination Dec. 24, just hours after the U.S. Senate made its historic vote on health care reform and followed up with action on numerous pending nominations.

One of those approved nominees was former Hoosier attorney Anne Slaughter Andrew, whom the president had chosen in October to be ambassador to Costa Rica. She is the principal of Washington, D.C.-based New Energy Nexus LLC and advises companies and entrepreneurs about ways to capitalize on this new energy economy. An attorney who earned her degree from Indiana University School of Law - Indianapolis, Andrew has also advised companies in corporate environmental and energy practices and served as of counsel at Bingham McHale, cochair of the Environment/Energy Team at Baker & Daniels, and was a partner at the Washington, D.C., law office of Patton & Boggs.

But while approving Andrew and many others for positions, the Senate declined to act on six pending nominations. One of those was Dawn Elizabeth Johnsen, a professor at Indiana University Maurer School of Law - Bloomington, who'd been nominated in January 2009 to run the Department of Justice's Office of Legal Counsel.

Opposition has stacked up against her in the past year, specifically about her criticism of the Bush administration's justice officials and their political considerations. As a result, her nomination sat mostly in limbo for 10 months and senators refused to cast a final vote on her. Senate rules say that nominations must be wrapped up by year's end of the legislative session, and if not confirmed then carried over by a unanimous consent agreement or sent back to the president.

The White House must now decide whether to renominate Johnsen and those other nominees, or find new nominees for the vacant posts. If the president wants Johnsen to serve in his administration, he'll have to renominate her and start the confirmation process largely from scratch.

The White House didn't respond to an email from Indiana Lawyer seeking comment on Johnsen's nomination, and a spokesman in Sen. Bayh's office in Washington, D.C., couldn't be reached for comment.

While news of the nomination happenings came in late December, those involved in the process said there wasn't any indication when other nominations might be announced.

The U.S. Attorney post in the Southern District of Indiana remains open following Susan Brooks' departure in 2007, and Tim Morrison has been acting in that role until a permanent nomination is announced and approved. The state also has three judicial seats vacant - one in the Northern District of Indiana where Judge Allen Sharp died in July 2009 after nearly two years of senior status; and the seats of Judge Larry McKinney who took senior status in July 2009, and Judge David F. Hamilton, recently confirmed to the 7th Circuit Court of Appeals in Chicago.


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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.