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Senators seek candidate to fill Judge Barker’s vacancy

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Indiana Sens. Joe Donnelly and Dan Coats have begun the process for selecting a candidate to fill the vacancy coming to the U.S. District Court for the Southern District of Indiana.

The vacancy is being created by Judge Sarah Evans Barker’s decision to take senior status effective June 30. Barker will remain on the bench until her replacement is confirmed after which she plans to dial back her case load to 80 percent.

Donnelly, a Democrat, and Coats, a Republican, issued a joint call Monday for applications from any candidates interested in becoming a member of the federal bench. The senators want to make the process clear and transparent and ensure that all qualified individuals in the legal community who are interested in the position have the opportunity to put their name forward.

Information about the process and applications are available online at www.donnelly.senate.gov/judge. The candidates should highlight their qualifications and reason for seeking the nomination. Questions on the application are based on the U.S. Senate judicial questionnaire.   

The application deadline is 5 p.m. EDT May 12.

Both Indiana senators thanked Barker for her years as a federal judge for the Southern District.

“We have been very lucky to have the benefit of her wisdom and judgment. A Mishawaka, Ind., native, she has dedicated most of her career to government service,” Donnelly said. “In addition to her tenure on the District Court, Judge Barker served as a U.S. Attorney for the Southern District of Indiana, an Assistant U.S. Attorney, and on the staff of a U.S. Senator, U.S. Senate Committee and a U.S. Representative.”

Once the applications have been submitted, Donnelly and Coats will review the candidates then make recommendations to President Barack Obama. Traditionally, the president has chosen an individual from the recommendations made by the home state senators. That individual will then undergo the Senate confirmation process.

Coats pointed out the senators’ role in the federal judicial process.

“Federal judges are appointed for life and play a crucial role in our judicial system,” Coats said. “One of my constitutionally defined duties as a Senator is to provide advice and consent to the President on federal judicial nominees, and I take this responsibility seriously.”

How long the confirmation process can take and whether anyone will be confirmed this year is unknown.

In an interview about her decision to take senior status, Barker acknowledged getting a replacement could take a long time.   

“I will stay on until my successor is appointed which I have said in private asides, given the struggles Congress has getting these judges through the pipeline, it may be the rest of my natural life that I’m sitting here having made that offer to stay until my successor’s appointed,” Barker said.

 

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  1. 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

  2. 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

  3. 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

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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