Indiana’s Supreme Court selection process in a nutshell

By Chris Simpkins

With the retirement of Supreme Court Justice Theodore R. Boehm, Governor Mitch Daniels is required to appoint the next justice to Indiana’s highest court. However, many people are unfamiliar with how the selection process works in Indiana, which is not surprising since it is remarkably different than our federal counterpart. The following provides a rough outline of how our system works in Indiana.

Under Indiana’s Constitution and state statute, a seven-member Judicial Nominating Commission is responsible for submitting a list of three qualified individuals to the Governor. The Governor is required to make his final selection to fill the Court’s vacancy from the Commission’s list. The Commission is chaired by the Chief Justice of the Indiana Supreme Court, Randall T. Shepard, and includes three attorneys, who are selected from across the state, and three non-attorneys, who are appointed by the Governor. Currently, the commission is composed of the following: (1) James O. McDonald (attorney from Terre Haute), (2) John C. Trimble (attorney from Indianapolis), (3) John O. Feighner (attorney from Fort Wayne), (4) Christine Keck (Evansville), (5) Fred McCashloand (Indianapolis), and (6) Mike Gavin (Warsaw).

Out of the thirty-four applicants, the Commission sent the names of Hon. Steven H. David, Hon. Robyn L. Moberly, and Mr. Karl L. Mulvaney to the Governor for his selection. Following receipt of the Commission’s recommendation, the Governor has sixty days to select the next justice who will sit on the Indiana Supreme Court.
Rumor has it that the Governor is close to making his decision. Some say that he is feeling pressure to nominate a woman to the currently all-male bench, which means Judge Moberly has a slight edge. Also tilting the scale in her favor is the fact that the Chief Justice Shepard has said in the past that he is confident that the next justice would be a female. However, Governor Daniels has three very strong candidates to choose from and he has a reputation for going against the tide of public opinion. Whoever Governor Daniels decides to select, we should be thankful for the system we have in place in Indiana. After watching the circus show that inevitably surrounds any appointment to the United States Supreme Court, Indiana’s judicial selection process is yet another reason why the federal government should be envious of the State of Indiana.