Ten Named as Semifinalists for Supreme Court Justice #108

Today the Judicial Nominating Commission named the following applicants as semifinalists to replace Justice Sullivan and become the 108th Hoosier to serve on the Indiana Supreme Court.

1.  Judge Cale Bradford, Indiana Court of Appeals
2. Judge Frances M. Gull, Allen Superior Court
3. Erin Reilly Lewis, IU Health
4. Ms. Andrielle M. Metzel, Benesch Friedlander Coplan & Aronoff
5. Judge Steven R. Nation, Hamilton Superior Court
6. Judge Loretta H. Rush, Tippecanoe Superior Court
7. Geoffrey Slaughter, Taft Stettinius & Hollister
8. Judge Marianne L. Vorhees, Delaware Circuit Court
9. Judge Mary G. Willis, Henry Circuit Court
10. John P. Young, Young & Young

The Commission will meet with the semifinalists for a second round of interviews on August 8 and 9.

Justice Rucker to stand for retention

The Indiana Lawyer is reporting that Justice Rucker filed for retention today. This ends speculation (as recently as yesterday) that he would give Governor Daniels a fourth appointment to the Supreme Court. Governor Daniels appointed Justice David, Justice Massa, and will select the justice to replace Justice Sullivan later this summer.

Court of Appeals semifinalists

Here are the Court of Appeals semifinalists (five from a field of fourteen):

·        Abigail Lawlis Kuzma

·        Patricia Caress McMath

·        Hon. Rudolph R. Pyle, III

·        Joel M. Schumm

·        Hon. Robert R. Altice, Jr.

The second-round interviews are June 4–5. This is to replace Judge Darden, who has a mandatory retirement over the summer. You can find details from each interview here.

Nominating Commission Presents Governor Daniels with Nominees

According to the Indiana Law Blog, the Judicial Nominating Commission submitted this six-page letter to Governor Daniels yesterday.

Governor Daniels has until April 30 to name the next justice. Failing that, then-acting Chief Justice Dickson would select Chief Justice Shepard’s replacement under Article 7 Section 10 of Indiana’s Constitution.

Jane Seigel, Mark Massa, Cale Bradford to be Nominated to be 107th Justice of Indiana Supreme Court

The Indiana Judicial Nominating Commission has named Jane Seigel, Mark Massa, and Cale Bradford as the three nominees it will present to Governor Daniels. Once the Commission formally presents the names, which took a week or more in 2010 when Justice David was selected, the governor has sixty days to name one of them Shepard’s replacement. After that, the Commission, chaired by then-acting Chief Justice Dickson will select a Chief Justice from among the five justices.


Chief Justice Shepard’s term as chief justice ends March 4. After that, he would by rule be acting chief justice, but Justice Dickson, the next most senior justice, will take that role until the next permanent chief is selected from among the five sitting on the Court, including Shepard’s replacement. Shepard’s last day on the Court will be March 23.


HT: https://twitter.com/#!/incourts

Indiana Nominating Commission Names Semifinalists for the 107th Indiana Supreme Court Vacancy

The Indiana Judicial Nominating Commission has named seven applicants to interview a second time to replace Chief Justice Randall T. Shepard after he retires on March 4. This brings the Commission one step closer to a final list of three candidates to forward to Governor Daniels, who will name one of them as Shepard’s replacement. After that, the Commission, chaired by then-acting Chief Justice Dickson will select a Chief Justice from among the five justices.
Here are the semifinalists:

1. Hon. Robert R. Altice, Jr., Marion Superior Court, Criminal Division 2
2. Hon. Cale J. Bradford, Indiana Court of Appeals
3. Hon. Maria D. Granger, Floyd Superior Court 3
4. Mr. Mark S. Massa, Indianapolis
5. Hon. Robyn L. Moberly, Marion Superior Court, Civil Division 5 
6. Mr. Steven R. Schultz, Columbus
7. Ms. Jane A. Seigel, Indianapolis

The official press release is here: http://www.in.gov/activecalendar/EventList.aspx?fromdate=2/1/2012&todate=2/29/2012&display=Month&type=public&eventidn=51557&view=EventDetails&information_id=103369

7th Circuit Interprets Wal-Mart v. Dukes

Thomson Reuters reports on last week’s decision from the Seventh Circuit in Ross v. Charter One, a class-action suit by employees. The report’s catchy title is “7th Cir. to wage-and-hour defendants: No Dukes for you!”
HT Howard Bashman’s How Appealing blog

Here is an excerpt from the article:

The U.S. Court of Appeals for the Seventh Circuit just handed lawyers representing employees in wage-and-hour class actions potent protection against the U.S. Supreme Court's 2011 ruling in Wal-Mart v. Dukes.

The opinion came in a class-action suit filed in Chicago federal court against RBS Citizens, otherwise known as Charter One bank. Back in 2010, U.S. District Judge Joan Lefkow certified two classes, one of hourly workers and one of assistant branch managers, concluding that certification was appropriate for these narrowly-defined classes. The bank's lawyers at Proskauer Rose appealed. After oral arguments at the Seventh Circuit -- but before the appellate panel decided the case -- the Supreme Court issued its ruling in Dukes. The Seventh Circuit then asked both sides for briefs on Dukes’s implications for the case. In the first appellate ruling to address Dukes’ application to wage-and-hour class actions, the Seventh Circuit affirmed class certification.