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Senate votes on federal magistrate's nomination

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By now, Indiana may have its newest federal judge in the Southern District of Indiana.

The U.S. Senate was scheduled to vote on the confirmation of U.S. Magistrate Judge Jane Magnus-Stinson at 5:30 p.m. June 7, which came after the deadline for this story. Confirmation approval meant that a woman who’s been on the federal bench for more than three years as a magistrate would be promoted to a constitutionally created Article III judgeship.

This news came almost five months after President Barack Obama nominated her for the federal post, following last summer’s change when U.S. Judge Larry McKinney took senior status. She had notified Indiana’s Democratic Sen. Evan Bayh about her interest in the spot last November, and her nomination in January came at the same time the president chose Marion Superior Judge Tanya Walton Pratt for a Southern District vacancy and Jon DeGuilio for a judgeship in the Northern District of Indiana.

The Senate Judiciary Committee approved all three nominations in March. Following the recent legislative action, only Judge Pratt awaits a potential date for a confirmation vote. Senators unanimously confirmed DeGuilio May 11 to fill the seat occupied by U.S. Judge Allen Sharp until his death last summer.
Spokesman Brian Weiss in Bayh’s office in Washington, D.C., said at IL deadline that there was no indication when senators might turn to the nomination of Judge Pratt, who would fill an opening left by Judge David F. Hamilton when he was elevated to the 7th Circuit Court of Appeals.

With a possible green light for Magistrate Magnus-Stinson, the Southern District would have to fill the magistrate spot left open by her elevation. She left the Marion Superior bench in early 2007 following the retirement of U.S. Magistrate Judge V. Sue Shields, and a new vacancy would mean a merit-selection committee would be named to choose a new magistrate.

Prior to the senators’ final vote on Magistrate Magnus-Stinson, Chief Judge Richard Young said that if she received confirmation he hoped the process to find a new magistrate would begin quickly and that a successor could be chosen by the fall.

The most current coverage on this nomination process and confirmation vote can be found online at the Indiana Lawyer website, www.theindianalawyer.com.•
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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