Governor chooses Judge Steven David as next Supreme Court justice

Boone Circuit Judge Steven David will become the next Indiana Supreme Court justice, meaning the state’s highest court will remain without a woman.

Indiana Gov. Mitch Daniels made the announcement at 10:30 a.m., choosing Judge David from three finalists that also included Marion Superior Judge Robyn Moberly and Karl Mulvaney, a partner at Bingham McHale in Indianapolis. Judge David succeeds Justice Theodore Boehm, who is retiring Sept. 30.

UPDATED:
Boone Circuit Judge Steven David will become the next Indiana Supreme Court justice.

Gov. Mitch Daniels made the announcement this morning (see video below), choosing Judge David to succeed retiring Justice Theodore R. Boehm who leaves the state’s highest court Sept. 30. The governor made the decision on Tuesday, selecting the longtime trial judge over Marion Superior Judge Robyn Moberly and Bingham McHale attorney Karl Mulvaney.

In making his selection, the governor said Judge David stood out for his distinguished 15 years on the trial bench, his past experience in business, and his longtime military legal career. The judge offered the clearest expression of commitment to proper restraint on the bench and respect for judicial decision-making boundaries.

“He will be a judge who interprets, rather than invents our laws,” Daniels said.

The governor said he would have “liked nothing more” than to name a woman to the court, taking Indiana off the list of being one of two nationally without a female justice. Diversity might have been used as a “tie-breaker,” but this wasn’t a tie, he said.

“My task was to find the best person on the merits, and I’m sure I did,” Daniels said. “Now the state is going to benefit from that for years to come.”

With this appointment, Judge David shifts the balance of the Supreme Court to three former judges – Chief Justice Randall T. Shepard served on the Vanderburgh Superior bench and Justice Robert Rucker served at the Indiana Court of Appeals. Justices Frank Sullivan, Brent Dickson, and the retiring Boehm came all came from the private sector.

A 1982 graduate of Indiana University School of Law – Indianapolis, Judge David began on the Boone Circuit bench in 1995. He began his career in the U.S. Army Judge Advocate General’s Corps until the mid-1980s, when he began practicing in Columbus at law firm Cline King King & David before serving as corporate counsel for Mayflower Transit in Carmel.

Standing with his wife Cathryn –- who works at the Indiana State Bar Association –- this morning in the governor’s office, Judge David said this is a continuation of a lifetime priority of public service.

“This is a way for me to serve in a different way,” he said. “The lesson learned is it’s OK to dream. Hard work can pay off.”

This story will be updated in today’s Indiana Lawyer Daily.