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Tuesday, October 12, 2010

Ind. Courts - Responses by candidates to the question: "Why Second District attorneys should vote for you for the Judicial Nominating/Qualifications Commissions"

The ILB several weeks ago extended the opportunity to all five candidates for the upcoming 2nd District vacancy on the Judicial Nominating / Judicial Qualifications Commission to submit for publication in the ILB a photo and a 350-word statement of "why lawyers in the 2nd district should vote for them." All five candidates responded before the deadline of COB Monday, Oct 4.

Today, Oct. 12, is the day the Clerk of the Courts is mailing out ballots to attorneys in the 2nd District. The ILB urges you to open your envelope and vote yet this week, while the candidates are fresh in your mind. In past elections the response has been abysmal, one report says a 25% return.

In this entry from Sept. 28, I promised an analysis of the attorney members of the Commission over time. I haven't done that. But I can tell you that for its first 18 years, the Commission's attorney members were elected for six-year terms and the terms were not staggered. As a result, for the years from 1972 to 1978, the same three lawyers, and they appear to have been mainly plaintiffs attorneys, served together on the Commission. The same held true for the next half-dozen years, and the six years that followed.

This chart gives the overview. (The shaded names are those of attorneys who have served more than one term on the Commission.)

In 1986 the General Assembly reduced the six-year terms for attorney commissioners to three-year terms. At the time the change went into effect, the three attorney commissioners were serving terms that began on January 1, 1984, and would expire December 31, 1989. A transitional section of the law provided that the attorney commissioners elected for terms to begin on January 1, 1990 had terms of one, two, and three years, depending upon the district. Thereafter, the terms were three-years. Again, the results can be seen in the chart.

Why the change? I can't determine. PL 184-1986 (HEA 1428) was authored by Rep. Robert F. Hellman (D) of Terre Haute, and sponsored by Senators William L. Soards (R), Indianapolis, and William D. McCarty (D), Anderson. It passed the House 95-4 and the Senate 47-0. All attorneys. After leaving state government, Sen. Hellman worked as a lobbyist for the Indiana Trial Lawyers Association.

In 2007, in the most recent race for the 2nd District, there were two candidates. The same for the First District in 2009. Three candidates competed for the Third District spot in 2008.

This year there are five candidates for the 2nd District spot. This may be a record, spurred on by the high interest in the recent Supreme Court interviews, but we may never know, because in the past the records of these elections have been retained by the Court for only three years.

The five this year include two attorneys from the Indy Big 3 law firms and one solo practitioner; two women and three men; civil defense and criminal defense attorneys; a plaintiff's attorney and a law professor; trial litigators and appellate practitioners; several attorneys who mainly represent business, one who represents individuals injured by other individuals or big companies, and one who defends the indigent.

Here are their responses, arranged in the order received.



No photo locatedDavid Hennessy

Attorney, Indianapolis
Marion County

Why Second District attorneys should vote for me for the Judicial Nominating/Qualifications Commissions

The Judicial Nominating Commission and Judicial Qualifications Commission can benefit from a wide variety of perspectives. Since their inception in 1970 they have not had the benefit of the perspective of a small time, sole practitioner concentrating in criminal defense. That lawyer is before one judge or another nearly every day. I am that lawyer.

With regard to the JQC, I have been practicing criminal defense for 28 years and have seen many judges come and go. I have noticed a decline in timeliness in starting court sessions and civility towards lawyers, litigants and citizens. Many lawyers and most citizens have no idea that they can file a complaint against a judge much less how to do so. The availability of that process needs greater exposure and the process itself needs greater transparency. I would also like to see increased sensitivity to the manifestations of the deleterious effects of stress on judges and early intervention.

With regard to the JNC, the recent Supreme Court vacancy attracted a multitude of highly qualified candidates and was very transparent. I want that to continue and extend to all actions of the JNC. The composition of the bench should be reflective of the composition of the community. Efforts for reflectivity should be made in identifying candidates and motivating them to apply. However, the goal of diversity should not consume the process or dictate an outcome.

I am sincere and have no personal agenda. I have no firm and my practice needs no boost and cannot benefit from the position. My candidacy offers an alternative never previously available.



No photo locatedKathy Osborn

Attorney, Indianapolis
Marion County

Why Second District attorneys should vote for me for the Judicial Nominating/Qualifications Commissions

My professional background and knowledge of Indiana’s judicial system make me uniquely qualified to represent 2nd District attorneys. I have appeared in a variety of courts and know first-hand the importance of having an effective judiciary. My practice ranges from pro bono representation of indigent parties to representation of multi-national corporations. I have been a member of two Inns of Court and currently chair the IBA's Appellate Practice Section. As such, I've worked outside the courtroom with judges and litigators, both civil and criminal, and am familiar with courtroom operations and the broad cross-section of people who lead and practice in our trial and appellate courts.

Before practicing law, I provided training on topics such as organizational change to improve community access for people with disabilities. I have both the maturity and skills needed to work with Commission members and be a force toward productive group dynamics.

As an appellate practitioner and close court observer (I have been one of the appellate decision columnists for Res Gestae since 2000), I desire to contribute to the judicial selection process by recommending candidates who will seek to do justice and are not beholden to special interest groups. This is essential because the Commissions make decisions that go to the core interests of all citizens, be they individuals, large corporations, small businesses, governmental entities or non-profit organizations.

I believe the Commissions can best fulfill their missions if their members are diverse and bring a variety of viewpoints to the table. Unfortunately, the attorney elections historically have been cast as plaintiff's versus defense bar races. This perspective does a disservice to Indiana citizens, all of whom deserve appellate judges who have the desire and ability to evaluate the law objectively. Moreover, there never has been a female attorney elected to the Commissions.

Learn more about me at my campaign Facebook page.

I am not solely a plaintiff's lawyer, nor am I solely a defense lawyer. I will bring a balanced perspective and an open mind to the Commissions, and I will be a true representative and public servant.



No photo locatedWilliam E. Winingham

Attorney, Indianapolis
Marion County

Why Second District attorneys should vote for me for the Judicial Nominating/Qualifications Commissions

I have been actively engaged in trial practice throughout Indiana for 31 years. My background includes 6 years in the criminal justice system, with 3 years as a deputy prosecutor in Marion County and then 3 years as an assistant U.S. attorney for the southern district of Indiana. For the last 25 years I have worked in the civil justice system, representing persons and small businesses harmed by the misconduct of others. During my career I have tried over 100 cases. This experience has provided me with a broad perspective on the importance of having fair and impartial judges. I have seen the effect of appellate and Supreme Court decisions on our clients, and recognize the importance of those decisions consituting legal precedent and therefore affecting lawyers and litigants throughout Indiana. I am seeking a position on this Commission because I believe my litigation background and experience would provide an important perspective on the Commission.

Now that our four children are out of high school and either off to college or have graduated from college, I have more time available to give back to the legal community. Devoting time to the JNC would be one way to do that. One thing that has always been important to me has been maintaining relationships with lawyers in all areas of practice throughout Indiana. I enjoy the interaction with other attorneys, and have tried to promote civility and respect for one another. I feel that I can speak for and represent all lawyers from different firms and counties on this Commission.



No photo locatedJoel Schumm

Attorney, Indianapolis
Marion County

Why Second District attorneys should vote for me for the Judicial Nominating/Qualifications Commissions

I would bring hard work, sound judgment, high expectations, innovative ideas, and a proven ability to work well with others to the Qualifications and Nominating Commissions.

If you are a regular ILB reader, you know my work. This summer I attended and blogged from the 34 preliminary and 9 semifinal Indiana Supreme Court interviews. I researched and wrote about several different aspects of the applicants and the process, including detailed posts about reversal rates of the trial judge semifinalists. If elected to the Commission, I’d bring this same diligence and the same probing questions and analysis directly to the process.

My posts highlighted important considerations in selecting judges. My candidacy is not being backed by a group of plaintiff’s or defense lawyers. I simply want to select smart, engaged, grounded, respectful, and impartial judges. My gender or practice background would not dictate my decisions; indeed, I wrote about the importance of a woman on the Court and the need for a justice who understands complex civil litigation.

The quality of our judges is essential to the functioning of our system of justice, and I would bring high expectations to both the selection and discipline process. I am fortunate to place students with many wonderful judges through the law school’s Court Externship Program. Unfortunately, there are occasional aberrations. I know how difficult it is for a lawyer to file a complaint against a judge, and I would give careful consideration to each complaint filed.

Finally, being one of seven member of the commission requires an ability to work with others, listen, engage, and persuade. I’ve honed those skills while serving with lawyers, judges, citizens, and even a former Governor on various committees. A broad topic worth further discussion is public accessibility. On nomination side, this could include webcasting interviews. The important work of qualifications commission might warrant more than a few pages in an annual report or an opinion or two each year. More specifically, the nominating commission could require semifinalists to write a judicial opinion, as the Governor’s office required of the three finalists.



No photo locatedJan M. Carroll

Attorney, Indianapolis
Marion County

Why Second District attorneys should vote for me for the Judicial Nominating/Qualifications Commissions

Experience matters – in life and in the practice of law. Twenty-five years of practicing in Indiana courts have given me extensive exposure to the state’s trial and appellate judges. My cases have taken me to trial courts from Lawrenceburg to Crown Point, Vincennes to Angola, Richmond to Terre Haute, and New Albany to South Bend, including most of the counties in the Second District. I have handled nearly fifty appeals, and have argued cases before both the Indiana Supreme Court and Court of Appeals. That first-hand experience has given me a keen appreciation of the attributes that we all look for in a judge: fairness, intelligence, diligence, patience, an even temperament, and respect for the rule of law.

The breadth of my practice extends to many substantive areas of the law: business disputes; land use and real estate litigation; First Amendment, defamation, and public access litigation; personal injury and product liability; marital dissolutions; and representation of licensed professionals. I have represented individuals and businesses, plaintiffs and defendants. I have been honored by the opportunity to speak to the Indiana Judicial Conference on public access to judicial records and court proceedings, and on issues of news coverage of the courts. Since 1991, as a member of the Indiana Supreme Court Committee on Character and Fitness of Attorneys, I have interviewed nearly 200 bar applicants about their knowledge of the Rules of Professional Conduct.

My interest in the Judicial Nominating Commission and the Commission on Judicial Qualifications dates back to my years as the Indiana Statehouse correspondent for The Associated Press. As a reporter, I covered both commissions’ activities, including the work that led to the appointment of Justices Shepard and Dickson to the Indiana Supreme Court. When I left The AP and joined Barnes & Thornburg, I expressed a desire to run for the Commission, but concluded that I lacked the experience and gravitas to make an effective contribution. Now, with the perspective of twenty-five years of practice, and the lessons learned in countless courtrooms around Indiana, I am prepared for the challenges that face each member of these important commissions.

Posted by Marcia Oddi on October 12, 2010 09:20 AM
Posted to Indiana Courts