From a list of 30 applicants, the Judicial Nominating Commission picked its top three choices to recommend to Gov. Mike Pence as Indiana's next Supreme Court justice to fill the vacancy created by the retirement of Justice Brent Dickson. Three white male candidates, including two judges and one practicing attorney, made the final cut. They are: St. Joseph Superior Court Judge Steven Hostetler; Boone Superior Court Judge Matthew Kincaid; and Indianapolis attorney, Geoffrey Slaughter, a partner at Taft, Stettinius & Hollister, LLP.
While all three nominees are well-qualified for the position, the big story here is who wasn't nominated. Political observers are shocked that Gov. Pence's personal favorite and arguably the most-qualified candidate of the large pool of applicants, Barnes & Thornburg partner Peter Rusthoven, was passed over by the Commission. Pence's inability to appoint a strong, intellectual conservative of Rusthoven's caliber denies him the opportunity to appoint a Scalia-like jurist to shape Indiana's high court for many years to come. At age 64, this was probably Rusthoven's last and only shot at appointment to the Supreme Court. Gov. Pence could not at all be happy about this development.
10 comments:
Rusthoven isn't a conservative! He is an establishment hack which is why I am surprised he didn't make it to be one of the finalist! The fact he is at Barnes and Thornburg alone should be reason enough to reject him for any office!
I disagree. I think his judicial approach definitely puts him in the conservative camp. You have to lay aside clients he represents in his law firm or the reputation of his law firm, which people understandably believe exercises too much power in this state. Here's what an observer of his interview wrote about it at the Indiana Law Blog:
Mr. Christie asked about his “civil conversation” about RFRA at McKinney Law School. Mr. Rusthoven discussed the history of federal RFRA protections in the Supreme Court and Congress. He expressed surprise at the reaction to Indiana’s RFRA and shortly after wrote a column, which led to the invitation to speak. He emphasized the importance of discussing issues civilly and respectfully. When asked if people with an opposite opinion are based in law or emotion, he said it can sometimes be both.
Ms. Long asked if the Constitution or statute doesn’t mention a specific right, are there circumstances where the right should be recognized. Mr. Rusthoven noted that the Constitution might provide a broad or general right (like being secure from search and seizure under the Fourth Amendment), but new issues arise (like drones) may warrant protection. In other instances, the democratic process—not judges—should provide protections.
Mr. Tinkey quoted Thurgood Marshall about “doing what is right” and letting the law catch up. Mr. Rusthoven responded the democratic process—and not judges, on the right or left—should make law. The institutional integrity of the courts is threatened when judges make the law.
Sorry Gary. But any man who works his way up to the position he has at Barnes and Thornburg has to be suspect. Why don't we just appoint a lawyer at Angie's List to the bench while we are at it? No self respecting person would work at either B&T or at Angie's List!
so what do you think Gary on the 'winner' will be? it would seem to me that pence would get the most political mileage out of appointing Hostetler as he could use all the help he can get out of that part of the state and the other two are part of the big city (yes, the rest of the state considers boone county part of indy). but if pence has demonstrated one thing consistently it is how to be completely tone deaf to the nuances of politics. what has Kincaid ever done but fill daddy's seat? why is he even in the mix?
If anyone under consideration was like Scalia, then thank you Commission!
whoa whoa whoa. last time i checked pence is in the last year of his term. this should be the NEXT governor's decision! right?
"While all three nominees are well-qualified for the position,"
In what way?
All three are lawyers. We need to get lawyers out of the judicial benches, as they're unqualified to understand the substance of law. Lawyers may remain free to practice before courts, but courts must be staffed by intellectuals who know what the law really is, instead of technicians who make mechanical filings, but haven't a clue how to make a real legal argument.
Law was not created by lawyers. Lawyers are to law as taxi drivers are to the automobile.
"Law was not created by lawyers"
Have you looked at the rest-of-the-year employers for a vast majority of our state representatives and state senators? I'll give you a hint - they are lawyers.
None of these three candidates can hold a candle to Peter Rusthoven. For that matter, there were any number of applicants on the list who would have made better candidates than these three. I'm shaking my head in disbelief. I would be very disappointed if I was Gov. Pence in the choices the Commission has handed him. Mediocrity rules the day.
I'm surprised that neither Peter Rusthoven nor Judge Nation from Hamilton County made the final 3. I was sure that at least one of them -- if not both -- would be in the finals. I've practiced before Judge Kincaid and have found him to be thoughtful, patient and fair. The other two candidates may be excellent as well, but I have not had the pleasure of interacting with them before.
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