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Editorial: Quit stalling nominations

Editorial Indiana Lawyer
January 6, 2010
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Indiana Lawyer Editorial


After languishing in the U.S. Senate for about 10 months, the nomination of Dawn Johnsen to lead the Office of Legal Counsel finally got some action.

We suppose "action" is in the eye of the beholder, because ultimately the Senate refused to take a final vote on the nomination of the Indiana University Maurer School of Law - Bloomington professor to hold the job as head of the Department of Justice's OLC. It's an office she worked for during the Clinton administration and led on an interim basis during that stint.

According to the Senate's rules, nominations must be acted upon by the end of the year of the legislative session. If that doesn't happen, nominations can be carried over into the next year's session by a unanimous agreement or sent back to the president for him to think over. This happened right before the Christmas holidays.

Now President Barack Obama must decide whether to renominate Johnsen and the other nominees the Senate refused to consider. Whether the president sticks with his original candidates or chooses new ones, the nomination process begins from square one.

We sincerely hope that the president sticks with this nominee, and we'd like to see him flex some political muscle in getting her confirmed. She's proven to be a tough and fearlessly outspoken critic of things that are unjust and unfair. Such behavior appears to have earned her some political enemies, but we find tough and outspoken to be admirable qualities.

Johnsen is not without controversy. She incites the ire of abortion opponents because of her previous work as legal director for National Abortion Rights Action League, now known as NARAL Pro-Choice America.

Others are against Johnsen because of her criticism of the legal reasoning given to the George W. Bush administration by its OLC that cleared the way for changes in the way detainees suspected of terrorist connections were interrogated. Johnsen also criticized that office during the Bush administration for what some say undermined privacy and due process rights.

Opposition to her leading the office appears to depend in large part on what side of the aisle a politician happens to be on. Yet our U.S. Sens. Richard Lugar, a Republican, and Evan Bayh, a Democrat, have said publicly that they will vote for her confirmation. Perhaps these two gentlemen could give lessons to their fellow senators in how to have differences of opinion and get work done all at the same time.

We understand that the odds of President Obama reading this newspaper are small - after all, he's not an Indiana lawyer - but we're calling on him to renominate Dawn Johnsen to lead the OLC, and we'd like to see him forcefully get behind this nomination and the others that need to be made across the country.

Indiana has one vacancy on the U.S. District Court for the Northern District of Indiana, and two in the Southern District. We were happy to see David Capp get the nomination for U.S. Attorney for the Northern District of Indiana, but action needs to be taken on the Southern District job, which is being capably led on an interim basis by Tim Morrison.

It's time to nominate, confirm, and get some work done.*

 

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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