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Friday, July 02, 2010

Ind. Courts - A wealth of stories this morning on Supreme Court applicants [Updated]

Jon Murray of the Indiasnapolis Star, this story that sets the stage. It begins:

One by one, 34 hopefuls will face a panel of seven people charged with narrowing the field of contenders to become the next Indiana Supreme Court justice.

The spectacle of public interviews to fill a vacancy on the state's highest court will play out next week for the first time in more than a decade. Each of the applicants, whose names were announced Thursday, might get about 20 minutes of face time.

But many are already well known. There are 16 judges, including Elaine B. Brown from the Indiana Court of Appeals, as well as partners at large law firms in Indianapolis and other cities. One is state Sen. Brent Steele, R-Bedford.

Seven county judges are among 19 applicants from Indianapolis and its surrounding counties.

Murray notes:
Daniels will be the first Republican governor to make an Indiana Supreme Court appointment in nearly 25 years.

Indiana's nomination process is intended to diminish the role of politics, but not eliminate it. Daniels appoints three of the nominating commission's members, and lawyers elect attorneys for three posts.

Niki Kelly reports in the Fort Wayne Journal Gazette under the heading "Two more from area pursue job as justice." (The third, Judge Gull, was the subject of a FWJG story yesterday.) From today's story:
The local applicants are Allen Superior Court Judge Fran Gull, Steuben Circuit Court Judge Allen Wheat and Fort Wayne civil attorney Christine M. Marcuccilli.

Wheat was first elected to the bench in 1994 and handles a mix of criminal, juvenile and civil cases. Last year, he worked with Ball State University to produce a DVD showing a drunken-driving case from arrest through trial. Before becoming a judge, he spent 19 years in private law practice.

“There are very few kinds of cases I haven’t seen, participated in or written opinions concerning, including briefs to the Supreme Court,” Wheat said. And at age 60 he recognizes this is likely the last opportunity for him to seek the position.

Marcuccilli, 40, is a partner at Rothberg, Logan & Warsco LLP in Fort Wayne. She has spent 14 of her 15 years as a lawyer in private practice, focusing on civil litigation and appeals. One local case she successfully worked on was a defense of Fort Wayne’s public smoking ordinance.

“Being on the court has been a lifelong career aspiration for me, and it seemed like the right thing to do right now,” she said. “I truly see the court as a place where you can get personal fulfillment with the challenge of the law, but also you can serve the public.” * * *

“There is a groundswell for the governor to appoint a female,” said Ed Feigenbaum, a lawyer and author of three political and governmental newsletters. “One would expect two of the final three – if not all three finalists – will be female. So gender will definitely make a difference in this process.” * * *

Joel Schumm, a professor at the Indiana University School of Law, said he expects the semifinalists and finalists to lean heavily toward women. He described many of the female applicants as “high caliber.”

He noted that while the Indiana Constitution says the appointment should be without regard to political party, “the reality is it usually does come into play.”

Some governors previously made clear their favorites in the beginning, but Daniels has not.

Some considered in legal circles to be leading contenders are Marion Superior Court Judges Cynthia J. Ayers and Robyn L. Moberly and Lake Superior Court Judge Mary Beth Bonaventura.

All three are current judges, but Schumm and Feigenbaum agree that judicial experience isn’t required to get the job.

Of the current five members on the Indiana Supreme Court, only two had previous judicial experience.

“I think the nominating commission is looking for someone who understands the law, has a good temperament and is effectively a generalist,” Feigenbaum said. “Someone who understands all aspects of the law and can approach a case from number of angles.”

Erioc Bradner of the Evansville Courier & Press reports:
If Gov. Mitch Daniels wants to use his first appointment of an Indiana Supreme Court justice to appoint a female member to the court, he soon could have that opportunity. The appointment would remove Indiana from the roster of only two states without a female member on its high court. * * *

Indiana and Idaho are the only states without female members on their high courts. The only woman who has served on the Indiana Supreme Court is Myra Selby. She was appointed in 1995 by then-Gov. Evan Bayh, and she resigned in 1999.

Sophia Voravang of the Lafayette Journal Courier reports:
As Fountain County's sole elected judge, Susan Orr Henderson presides over all criminal accusations and civil disputes -- from acts of child molestation caught on videotape to juvenile delinquency proceedings and estates.

Henderson said she believes that breadth of experience helps her stand out as a candidate for the Indiana Supreme Court. * * *

"This is an opportunity that is not going to come along very frequently," Henderson said Thursday. "This is an opportunity to serve the public beyond the county that I love -- and I do love serving Fountain County. * * *

Henderson is serving her 12th year as Fountain Circuit Court judge. She was twice elected and is seeking a third term, come November. That was preceded by 14 years as a practicing attorney.

Harold J. Adams has this report in the Louisville Courier Journal. Some quotes:
Clark Superior Court Judge Vicki Carmichael and state Sen. Brent Steele, R-Bedford, are among 34 applicants to fill an upcoming vacancy on the Indiana Supreme Court. * * *

While half of the candidates are from Marion County or a county adjacent to it, Carmichael and Steele are among only three who are from south of Bloomington. The third is Indiana Appeals Court Judge Elaine Brown, who is a former Dubois Superior Court judge. * * *

Carmichael will be interviewed Tuesday, which coincides with her 48th birthday.

In her office Thursday she said a 12-year stint as a public defender in Clark County, including six as the county's first chief public defender, is one of the strengths of her application.

"When I was chief public defender here, half of my case load was all of the appeals for the public defender's office," she said. "I'll know what it's like for the attorneys arguing in front of me because I've been there and I've done that work."

She said her eight years as Jeffersonville City Court judge before her election to Superior Court in 2006 and the fact that she is in Clark County, away from the cluster of most candidates, are also strengths.

Steele, speaking by telephone from his law office in Bedford, said his major strength is having practiced law for 37 years without restricting himself to one area of specialization.

"I kept my feet wet in all areas of it and I think that's important, because you're going to get all kinds of cases," the District 44 senator said.

He said serving eight years in the House and nearly the same so far in the Senate is a strength because "it's important to keep a good rapport between the court system and the legislature."

Carmichael said the one thing the commission might see as a weakness in her application is that she's been a trial judge for only 3-1/2 years.

"I would say that some of my limitation would be my lack of judicial experience, although I don't know that ... really matters as much," she said.

Steele has never been a judge. But he said he doesn't believe that really matters.

"When a man or a woman runs for judge in the circuit court at the local level what have they been? They've never been a judge before; they've just been a lawyer," he said. "This job is so big, I'm not sure being a judge of a circuit court or superior court at the local level could prepare you to sit as a judge of the Supreme Court. It's a different kind of judging."

Matt Thacker of the Jeffersonville News & Tribune has a story headed "Carmichael seeks Indiana Supreme Court appointment." A quote:
CLARK COUNTY — Clark County Superior Court No. 1 Judge Vicki Carmichael has applied for the Indiana Supreme Court.

The Judicial Nominating Commission announced Thursday it has received 34 applications for the seat that will become available when Justice Theodore Boehm retires Sept. 30.

“It’s a next step in my judicial career,” Carmichael said. “I love being a trial court judge and serving in Clark County, but I just think it would be an honor and privilege [to be selected for the Supreme Court]”

Carmichael said she has planned to apply for the next Court of Appeals vacancy, but the Supreme Court position became available first.

Michael Malik reports ($$) in the Bloomington Herald Times:
Four of the 34 people who applied to be the next justice named to the Indiana Supreme Court have ties to Monroe, Morgan and Lawrence counties.

According to a statement disseminated Thursday from the Judicial Nominating Commission, two attorneys from Bloomington — Kiply S. Drew and Christine Talley Haseman — and Morgan Superior Court Judge Jane Spencer Craney applied.

Republican state Sen. Brent Steele of Bedford, whose district includes four townships in southern Monroe County, is also a candidate.

In 2007, Haseman was appointed by Gov. Mitch Daniels to serve as Monroe County’s ninth judge for a one-year term. She only served for a year though, because she lost an election for the judgeship.

Craney, who was the Morgan County prosecutor before becoming a judge, has applied for vacant Indiana court seats in the past. In 2007, she applied for an open seat on the Indiana Court of Appeals.

Drew is an Indiana University attorney in the general counsel’s office.

[Updated at 11:00 AM] Amy Oberlin reports in KPCNews:
Steuben Circuit Court Judge Allen Wheat has put his name on the list to fill a vacancy on the Indiana Supreme Court. * * *

Noting the longevity of the five justices on the Supreme Court, Wheat, 60, said this may be his last opportunity to try for a Supreme Court seat. The most recent appointment was in 1999. Indiana Supreme Court and Court of Appeals judges are required to retire at 75 years old.

Boehm will retire Sept. 30. The slate of candidates for his job include a number of judges and attorneys from Indianapolis and from throughout the state. Among them are Wheat and Allen County Judge Fran Gull, who if selected would be the second woman ever to serve on the Indiana Supreme Court. She is among 19 women who have applied. * * *

Wheat said his 16 years on the Steuben Circuit Court bench and experiences in 19 years of private practice give him the know-how to deal with legal issues of state import. The Supreme Court hears cases forwarded from the Indiana Court of Appeals and cases that deal with county judge discipline, capital murder and county mandates.

In his early days as circuit court judge, Wheat was seated as special judge in St. Joseph County by a Supreme Court order made through a county mandate. He presided over a dispute on the use of county courthouse facilities, and his decision was upheld by the court 4-1.

Wheat said the work was fun and part of his well rounded experience in the Indiana legal system. The Steuben Circuit Court takes criminal cases and civil cases, as well as juvenile, estate, probate and others.

“There are very few cases that I haven’t encountered on the criminal and civil side,” said Wheat. “The Supreme Court looks at every kind of case imaginable that comes before it.”

The depth of the judicial reviews in some of the cases and the opportunity to help shape Indiana law are attractive to Wheat along with the obvious prestige. He said the replacement of Boehm, whether it is himself or another candidate, is an opportunity to bring a new perspective to the high-court bench and possibly change some antiquated common law.

Posted by Marcia Oddi on July 2, 2010 07:26 AM
Posted to Vacancy on Supreme Ct