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Senator announces 3 federal judge nominees

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Indiana Democratic Sen. Evan Bayh has unveiled who's being nominated for three open seats on the state's federal bench.

Those nominees are: a federal magistrate, a state court judge, and a banking attorney who's served as a federal and county prosecutor in the past.

Traveling to the Indianapolis federal courthouse today, the senator announced that the White House is nominating U.S. Magistrate Judge Jane Magnus-Stinson, Marion Superior Judge Tanya Walton Pratt, and Jon E. DeGuilio for three openings in the state's two U.S. District Courts. In the Northern District, DeGuilio 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 following Judge David F. Hamilton's elevation in November to the 7th Circuit Court of Appeals.

"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."

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

Judge Magnus-Stinson started at the Marion Superior Court in 1995 after being appointed to fill a vacancy. There she presided over every type of felony case, as well as serving as associate presiding judge of the Marion Superior Court's 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, Judge Magnus-Stinson served as counsel and deputy chief of staff to then-Gov. Bayh from 1991 to 1995, and she had worked in civil litigation at Indianapolis law firm LewisWagner for seven years before that. A native of Wisconsin, she earned her law degree from Indiana University School of Law - Indianapolis in 1983.

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 of the criminal division from 1997 to December 2008, 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, 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.

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 and privately as a partner with Barnes & Thornburg, as well as in the law office of James L. Wieser. He earned his law degree from Valparaiso University School of Law in 1981. His community service includes working as a Court Appointed Special Advocate (CASA) for Lake County Juvenile Court.

As the White House is responsible for officially announcing any federal judicial nominees, Bayh's remarks on Martin Luther King Jr. Day preface what is expected to happen this week once Congress returns. 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.

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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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