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Friday, July 02, 2010
Ind. Law - Reviewing the 34 voluminous applications
The submissions of the 34 applicants to fill the Supreme Court vacancy, laid out for public review this afternoon in the Supreme Court library.
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The ILB's special correspondent on the judicial nomination process,IU-Indy Law Prof. Joel Schumm, was there this afternoon and has filed this report.
The Setting
The applications of all thirty-four candidates were displayed in alphabetical order over two tables in the Indiana Supreme Court library. In the ninety minutes that I was there, three reporters (from Northwest Indiana, Fort Wayne, and Indianapolis) perused the applications.
Presentation
Some applicants obviously put a lot of time into both the presentation and content of their applications with glossy pictures and binding. (see photo)
Other applications were simply printed and stapled, one with a particularly casual and unflattering picture appended.
Law School Grades
A candidate’s legal education is a statutory consideration in appointing a justice.
The law school grades of the candidates vary widely. Some graduated near the top of their class (e.g., Ellen Boshkoff, summa cum laude with a 3.83), while others were far from the top of their class. Some even earned D’s and F’s.
Letters of Recommendation
Some candidates had no letters of recommendation. Other candidates had several. Solicitor General Tom Fisher probably had the most, and many were from political figures, including Secretary of State Rokita, Speaker Pat Bauer, Minority Leader Brian Bosma, State Senator Hershman, and leading attorneys in the Attorney General's office. Abigail Lawliss Kuzma, who also applied for the vacancy, even wrote a letter in support of Mr. Fisher’s candidacy.
Court of Appeals Judge Elaine Brown had letters from half of her fourteen colleagues on the Court of Appeals: Chief Judge Baker and Judges Bailey, Barnes, Mathias, May, Najam, and Vaidik.
Writing Samples
Another statutory consideration for the commission to consider is “legal writings.” Carefully crafting thoughtful and clear opinions that will have a significant impact on the entire state for many years is arguably the most important thing each justice does.
The length and level of complexity and sophistication in the writing samples varied widely. Some trial judge candidates submitted orders of only three pages that cited or applied no law. Other trial judges, such as Judge Hughes and Judge Nation of Hamilton County, submitted particularly lengthy and impressive orders. Judge Brown submitted some of her recent opinions, including the "birther" case.
Not surprisingly, the most impressive (and Indiana Supreme Court-like) writing samples were submitted by appellate practitioners.
Interesting Choices in Writing Samples
One writing sample was thirty years old and looked like it had been reprinted from microfilm.
Judge David submitted his order in a death penalty case, which was reversed by the Indiana Supreme Court in a 3-2 opinion (the Chief Justice, a member of the commission, voted to reverse).
Judy Woods included the brief she filed in the Greenwood school prayer case. She represented the school, and her position was resoundingly rejected by Judge Barker.
Perhaps the longest writing sample was a 99-page brief submitted by Monica Foster in Kubsch v. State, a death penalty case in which she prevailed and secured a new trial for her client.
Posted by Marcia Oddi on July 2, 2010 10:42 PM
Posted to Vacancy on Supreme Ct