The Indiana Judicial Nominating Commission started off Monday morning by interviewing five judges and lawyers who have applied to fill an upcoming vacancy on the Court of Appeals of Indiana.
Nine applicants are seeking to fill the vacancy that will soon be created by longtime COA Judge Edward Najam Jr., who will retire this summer when he turns 75.
Interviews, which were open to the public, began with questioning by Indiana Chief Justice Loretta Rush. The seven-member JNC then took turns around the table posing questions to each candidate. Topics for discussion included how to promote an eroding confidence in the judiciary, candidates’ judicial philosophies and the influence of current events on judicial decision-making.
After completing all nine interviews, the commission will meet in executive session then publicly vote to select the three most qualified candidates.
The list of three finalists will then be submitted to Gov. Eric Holcomb, who will have 60 days to select the next Court of Appeals judge.
Live coverage can be found on Twitter via @Indiana_Lawyer. Additional coverage can be found on theindianalawyer.com after the interviews are complete.
Here is a snapshot of some questions and responses from each of the candidates interviewed Monday morning:
Jane D. Wilson, partner, Faegre Drinker Biddle & Reath, Indianapolis
Attorney Jane Wilson said she has known she wanted to be a lawyer since the seventh grade. However, joining the judiciary would be an “incredibly unique” opportunity for her because being involved in the application of the law has been “incredibly enticing.”
When it comes to her judicial philosophy, Wilson said she leans toward textualism and originalism.
“I think it’s tricky to ascribe intent to the Legislature or the framing founders,” Wilson told the commission. “I am not someone who believes that we have a living Constitution. But I also think it’s true there are some instances where there is no original intent.”
Wilson said that although she has spent much of her career representing corporations and entities, the most meaningful cases to her have been pro bono cases in which she represented individuals.
Morgan Superior Judge Peter R. Foley
When asked how he grapples with developing himself amid societal changes in a geographic area that may be slower to adopt change, Morgan Superior Judge Peter R. Foley said a judge must consistently do what’s right and be dedicated to that charge.
“One component of a judge is the courage to follow the law when a community might be against it,” he said. “Or the courage to do what’s right when the larger culture might be against it.”
If selected to the appellate court, a major adjustment for Foley would be the pace of work, he said.
“In a trial court, you may be an inch deep and a mile wide,” he said. “Being one the appellate court would be a more introspective review. That would be a period of adjustment.”
Jason W. Bennett, supervisor of Supreme Court Services, Indiana Supreme Court, Indianapolis
Jason W. Bennett, who serves as supervisor of Supreme Court Services for the Indiana Supreme Court, said if he were to join the appellate bench, writing dissents would not be a source of conflict but rather of point of construction. A dissent, he opined, should “create light and not heat.”
“It’s not about sticking barbs into someone who disagrees, it’s just about explaining why I see things differently,” he said.
In his previous work in private practice, Bennett handled both criminal and civil matters. He said he most enjoyed serving the underdogs of criminal cases.
When it comes it comes to learning from other people’s perspective, listening is the route Bennett said he prefers to take.
“I already know what I think,” Bennett said. “I want to hear what other people think.”
Bartholomew Superior Judge James D. Worton
Citing his…
Read More: Interviews begin for Najam vacancy on COA