Deborah Daniels: Three judges on Indiana ballot should be retained

With the November election fast approaching, I remain focused on the Indiana Supreme Court.

We are lucky in Indiana. Unlike many states in which the justices run for election as political candidates, we have a merit appointment system. A judicial nominating commission that includes both attorneys and non-attorneys from throughout the state submits recommendations to the governor only after conducting a detailed investigation of the candidates.

This carefully designed system keeps political idealogues off our high court and ensures that only attorneys of high integrity, strong legal acumen and a commitment to the rule of law are appointed.

We have been particularly blessed with Supreme Court justices of the highest quality. Three of the five serving justices are on the November ballot for an up-or-down retention vote. All should be retained.

Chief Justice Loretta Rush was appointed to the bench in 2012 by Gov. Mitch Daniels, before which she spent many years in private practice and then was elected three times as Tippecanoe County Superior Court judge. She was named Indiana’s first female chief justice in 2014 and was recently, with the unanimous support of her colleagues on the bench and strong support from the Judicial Nominating Committee, reappointed to that role.

Rush has contributed a great deal not only to Indiana jurisprudence and the quality of life of Indiana residents but also to people throughout the country who have benefited, for example, from her service leading a national task force on opioids. She has also worked, both in Indiana and nationally, on an appropriate role for the courts in helping to respond to those victimized by mental illness. She was elected by her peers as president of the Conference of Chief Justices and chair of the National Center for State Courts.

In Indiana, she appointed a commission to improve access to the courts for the thousands of Indiana residents whose concerns are often not heard in an overloaded court system. Under her leadership, the court formed and led a commission to protect children in Indiana. They developed specialized commercial courts to lend consistency and fairness to business-related litigation.

Justice Mark Massa was also appointed by Daniels in 2012. He previously worked for Gov. Robert Orr, clerked for now-retired Chief Justice Randall Shepard, and served as both a deputy prosecutor and an assistant U.S attorney before being tapped as Daniels’ general counsel before his role on the court. He teaches at the Indiana University McKinney School of Law and serves in other capacities to improve the administration of fair and equal justice in Indiana.

Justice Derek Molter was appointed to the court by Gov. Eric Holcomb in 2022 after serving on the Indiana Court of Appeals, before which he led the appellate practice in a large law firm in Indianapolis, handling appeals in state and federal courts throughout the United States. He also represented impoverished clients on a pro bono (free) basis during his law career. He was Phi Beta Kappa at Indiana University and earned his law degree, magna cum laude, from Indiana University Maurer School of Law. He, too, has been involved in efforts to improve the operation of the judicial system.

What we want above all from our justices is their commitment to the rule of law and their fairness and impartiality in the pursuit of justice. These three provide that and more, maintaining the integrity of our system and not legislating from the bench. They are the best of the best.

All three deserve retention this November.•

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Daniels is a retired partner of Krieg DeVault LLP, a former U.S. Attorney and assistant U.S. attorney general and former president of the Sagamore Institute. Send comments to ibjedit@ibj.com.

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