INDIANAPOLIS – Gov. Mitch Daniels said Wednesday that he would like to use his first Supreme Court appointment to put a woman on the bench but not at the expense of qualifications and judicial philosophy.
“It would be gratifying (to appoint a woman), but it cannot be the controlling factor,” he said.
Daniels has 60 days to make his appointment. The clock started running Aug. 5 when the judicial qualifications panel formally sent three recommendations to Daniels.
Justice Theodore Boehm’s retirement is effective Sept. 30.
The finalists are Boone Circuit Court Judge Steven David, 53; Indianapolis appellate lawyer and former Supreme Court administrator Karl Mulvaney, 60; and Marion Superior Court Judge Robyn Moberly, 56.
Court observers – and Boehm – have encouraged Daniels to focus on adding gender diversity to the court. Indiana is one of only two states in which there is no sitting female justice.
Of the original 34 applicants, 19 were women and 15 were men. Of the nine finalists, five were men and four were women. And one woman made the top three.
Daniels said he has appointed many women to top state government posts, mentioning the State Fair director as he wore his Indiana State Fair hat.
He said the top questions would be who is best qualified for the job and has the best judicial outlook.
Daniels said he favors judges who show restraint and who do not invent laws but interpret them fairly.
Daniels said he does not know any of the three finalists but believes that the process to select the three was fair.
He will meet with them all but has not yet done so.
Benjamin Lanka of The Journal Gazette contributed to this story.
