Morning Justice Applicants Stress Practice Experience

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Morning Justice Applicants Stress Practice Experience

Dave Stafford for www.theindanalawyer.com

The first of 29 Indiana Supreme Court applicants interviewed Wednesday made cases for age and geographic diversity, the importance of practice experience on the court and the need to increase court funding statewide.

The Indiana Judicial Nominating Commission began three days of interviews in the first round of vetting for lawyers and judges who’ve applied to replace retiring Justice Brent Dickson. Here are highlights from those interviewed Wednesday morning.

Thomas P. Yoder, partner, Barrett McNagny LLP, Fort Wayne
Fielding a question about his age, which Yoder described as a youthful 64, the former Indiana State Bar Association president said the court currently is comprised of younger justices who could exit in a couple of decades, giving a future governor an opportunity to pack the court.

“I think I’m perfect,” Yoder quipped when asked about his age. “In 10 years I will be on the cusp of mandatory retirement,” which he said wouldn’t necessarily be a negative given the court’s current more youthful composition. Also, he said Fort Wayne and northeast Indiana hadn’t had a justice on the court since he began practicing.

“I want to have a public voice,” Yoder said, something he’s not had since departing as ISBA president some 15 years ago. He said the court needs an experienced practitioner and touted his experience in business law.

Geoffrey G. Slaughter, partner, Taft Stettinius & Hollister LLP, Indianapolis
Slaughter told the commission his work as president of the Indiana Bar Foundation has illuminated the need to extend civil representation and legal assistance to unrepresented litigants and those in need. “We’re making important strides in that area,” he said.

The most important traits for a justice are legal ability, collegiality and civility in dealing with lawyers who come before the court, he said. He said his experience of the past 15 years in private practice and six years prior to that with the attorney general’s office would be a good fit for the court.

“I bring the practitioner’s perspective,” he said. “I like to think I would bring to the court experience in some substantive areas of law in which I’ve had some relevant experience, mostly in the business realm,” he said. Slaughter also said he would be eager to assist with efforts to increase pro bono work and court administration.

Thomas E. Wheeler II, partner, Frost Brown Todd LLC, Indianapolis
Wheeler stressed his 30 years as a trial lawyer, his connections with the Legislature and current and former governors, and efforts to increase state funding for the judiciary as reasons he should be appointed to the Supreme Court. The former chairman of the Indiana Election Commission, whose decision that stripped the office from former Secretary of State Charlie White was affirmed by the high court, noted the political nature of the case.

He said the bipartisan committee handled the case collegially. “We were able to work together, and that’s what needed to happen,” Wheeler said. “Generally, I’m a team player; I like to block out and rebound and not score.” He said that would be his approach on the court, and he said late Justice Antonin Scalia’s sometimes acerbic manner of argument and writing caused him concern.

Wheeler said he would seek general fund increases to ensure equal access to courts statewide. “Right now we have a system where, frankly, access to justice depends on which side of county line you’re standing on, and I don’t think that’s acceptable,” he said.