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Wednesday, March 22, 2017

Vacancy On Supreme Court 2017 - Day 2: Report On Interview #13, Hon. Peter R. Foley

This is Prof. Joel Schumm's report on the 13th interview of Day 2

Hon. Peter R. Foley, Morgan Superior Court 1 (photo) (application)

Chief Justice Rush began by asking about the longest case Judge Foley had under advisement. He said he has one under advisement in which he is waiting on submissions from the parties next week. He agreed with the premise of the question that justice delay is sometimes justice denied; litigation hangs over people like a cloud. He discussed family law and custody cases in particular, in which he often rules from the bench.

In response to a question about mental health and drug problems, Judge Foley discussed a mental health diversion program. He said the opiate problem is not unique to his county and impacts all parts of the court’s docket.

Ms. Long asked about Judge Foley’s legacy at his retirement if he was selected as a justice. Judge Foley said instead of getting caught up in legacy it is important to do the job well every day, and legacy would take care of itself.

In response to a question from Ms. Kitchell about statutory interpretation that leads to an absurd result, Judge Foley emphasized the importance of relying on the text of the statute and the danger of trying to figure out what was meant. In response to a later question, he explained the importance of applying the common meaning of definition of terms. Mr. Berger later asked if Judge Foley would have any hesitation about looking to Article 1 of the Indiana Constitution if a statute led to an absurd result. Judge Foley said the constitutionality of a statute raises a different question and should be raised by the parties.

In response to a question about his experience, Judge Foley discussed his work as a county attorney as well as private practice where he represented everyday folks. He has been on the bench for more than two years with a mix of criminal and civil cases.

Chief Justice Rush asked what advice Judge Foley would give to newly admitted lawyers. Judge Foley discussed the importance of character and treating other parties and litigants with “dignity and respect.”
In response to a question from Ms. Long, Judge Foley discussed his love of travel and the enrichment that comes from going off the beaten path.

Although questions are something difficult to hear, Judge Foley apparently played basketball against Damon Bailey. Regarding himself, Judge Foley said a basketball “career wasn’t going to work out.”

Posted by Marcia Oddi on March 22, 2017 10:04 AM
Posted to Vacancy on Supreme Court - 2017