Justice Robert D. Rucker’s Legacy
In January 2017, Justice Robert Rucker announced his retirement from the Indiana Supreme Court. His last day on the Court was May 12, 2017. Appointed by Governor Frank O’Bannon in 1999, Rucker was the Court’s longest-serving active Justice. As Indiana’s first African-American Court of Appeals judge (appointed in 1991) and its second African-American Supreme Court justice (appointed in 1999), Justice Rucker never thought of himself as a trailblazer.
Nevertheless, he has recognized the importance of a diverse bench. Regarding his successor, Justice Rucker remarked during interviews his hope that his successor would be “someone who’s well-qualified and brings to the table independence of thought, but some amount of life experience that gives voice at a table where oftentimes voices are not heard.”
Justice Rucker’s departure from the Court marks a complete turnover of the Supreme Court since 2010.
The Commission’s Charge
The Judicial Nominating Commission began soliciting applications in January 2017. The application was akin to most job applications – asking for demographical information, education transcripts, employment history, writing samples, professional affiliations, and letters of recommendation. Applicants also had to explain how they have made efforts to improve the legal system, their involvement in any legal proceedings, financial interests, and provide a recent statement from a physician describing their general physical condition.
Recent Applicant History
From 1999 to 2010, the Supreme Court had the longest-serving combination of justices who had served in the history of Indiana (Boehm, Shepard, Sullivan, Dickson, and Rucker). In 2010, the Court began ushering in a new era of justices. On average, the Commission received about 25 applications per vacancy. The Rucker vacancy yielded 21 applicants – fifteen men and six women. Of those, eight were judges.
Interview Process
The first round of interviews took place in March, followed by a second round in April. Questions varied from discussions regarding diversity, statutory interpretation, and judicial restraint, to those focusing on the administrative arm of the court. Following the first round of interviews, eleven candidates advanced to the next stage.
Of these applicants, seven had prior interview experience before the Commission. The eleven candidates selected for second interviews were:
- Hon. Vicki L. Carmichael, Clark Circuit Court 4*
- Hon. Peter R. Foley, Morgan Superior Court 1
- Hon. Christopher M. Goff, Wabash Superior Court
- Hon. Maria D. Granger, Floyd Superior Court 3*
- Ms. Elizabeth C. Green, Indianapolis, Indiana*
- Ms. Leslie C. Henderzahs, Fishers, Indiana
- Hon. Steven L. Hostetler, St. Joseph Superior Court*
- Hon. Matthew C. Kincaid, Boone Superior Court 1*
- Mr. William N. Riley, Indianapolis, Indiana
- Mr. Peter J. Rusthoven, Indianapolis, Indiana*
- Rep. Thomas W. Washburne, Evansville, Indiana*
* Applicants who had prior experience applying with and interviewing before the Commission
Final Three Nominees
In April 2017, the Commission selected Clark Circuit Judge Vicki Carmichael, 54, of Jeffersonville; Wabash Superior Judge Christopher Goff, 44, of Wabash; and Boone Superior Judge Matthew Kincaid, 46, of Lebanon as the nominees for the Indiana Supreme Court. Judge Goff was a finalist for the Court of Appeals of Indiana in 2015; Judge Kincaid was a finalist for the Indiana Supreme Court in 2016; and Judge Carmichael applied for the Indiana Supreme Court in 2010 and 2016.
Judge Vicki Carmichael
Judge Carmichael, grew up in Bloomington, holds a Bachelor of Arts from Indiana University Southeast and a law degree from University of Louisville Louis D. Brandeis School of Law. In 1989, she was appointed the Chief Public Defender of Clark County’s first unified public defender office.
In 2000, she became the judge for the Jeffersonville City Court, which was a role she held until 2006. In 2007, Carmichael transitioned into her new role as Judge for Clark Circuit Court No. 4.
Judge Christopher Goff
Judge Goff, a Wabash resident, holds a Bachelor of Arts, summa cum laude, from Ball State University and a law degree from Indiana University Maurer School of Law. He began his judicial career in 2000. His legal career includes previous service as a Title IV-D Commissioner in Wabash Circuit Court and as a public defender for Huntington County. In 2005, he was appointed Judge of the Wabash Superior Court.
Judge Matthew Kincaid
Judge Kincaid, born in Lebanon, holds a Bachelor of Arts from DePauw University where he was the Rector Scholar, and a law degree from Loyola University (Chicago) School of Law. In 2003, he began his judicial career as a judge for Boone Superior Court I. During his tenure, he has contributed to the Civil Benchbook Committee, the Civil Jury Instructions Committee, the Criminal Jury Instructions Committee, and the Indiana Housing and Community Development Authority’s Mortgage Foreclosure Assistance Project.
The Final Decision
On April 26, the Commission submitted a brief report of each nominee’s qualifications to the Governor for his consideration. The Governor has 60 days to appoint the next justice or the responsibility reverts to the Chief Justice of Indiana. This will prove to be a difficult decision to make as each of these high caliber applicants has demonstrated a dedication to the Indiana judiciary. The Court eagerly awaits its newest member.