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Daniels names former counsel Massa to high court

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A former newspaper reporter and top legal adviser to Gov. Mitch Daniels has been named to the Indiana Supreme Court.

Mark Massa, 50, was introduced Friday by Daniels, who filled a vacancy created by the retirement of Chief Justice Randall T. Shepard.

The court's newest justice serves as executive director of the Indiana Criminal Justice Institute. He was Daniels' chief counsel from 2006 to 2010, when he resigned for an unsuccessful run for Marion County prosecutor. He also has worked as an assistant U.S. attorney and as a deputy prosecutor in Marion County.

He clerked for Shepard and worked as an aide to then-Gov. Robert Orr in the late 1980s, and had been a newspaper reporter in Evansville.

"He has seen the law from private and public sides. He is one of the finest prosecutors ever to come to the bench in this state," Daniels said of Massa.

Massa called his appointment "a sobering responsibility and an honor."

"It is really beyond words," he said.

Massa was one of three finalists for the vacancy. The others were Indiana Court of Appeals Judge Cale Bradford and Indianapolis attorney Jane Seigel.

Daniels said Massa's history as his official counsel hadn't given him any advantage.

"Obviously, I think very highly of Mark's talents. But in all honesty I think it operated against him. I may have underestimated how highly others thought of him," Daniels said.

He said he selected Massa in part for his belief in "judicial restraint ... and a disinclination to make law from the bench."

Massa said he believes that judges should look to the "plain meaning" of the state and federal constitutions, and only try to interpret the writers' intent when the meaning isn't apparent.

Joel Schumm, a professor at the Indiana University School of Law in Indianapolis who studies the state judiciary, said Massa was expected to be a "top contender" for the court vacancy since a judicial commission began reviewing the applications in January, due to his qualifications and his ties to Daniels and Shepard.

"If Mr. Massa is interested in being chief justice, he will have a strong shot at the position. The same Judicial Nominating Commission, which just named him as a finalist, will select the chief justice. The commission obviously knows and respects him," Schumm said in an e-mail to The Associated Press.

Attorney General Greg Zoeller praised Massa's appointment.

"Mark Massa has excellent credentials that he brings as the new justice. Mark is greatly respected in legal circles and follows in a long tradition of outstanding jurisprudence. I look forward to his continuing service to the state of Indiana," Zoeller said in a statement.

Massa is the second justice Daniels has appointed since taking office in 2004. He named Steven David, a decorated Army officer who once served as chief defense counsel for Guantanamo Bay detainees, to the bench in 2010 following the retirement of Justice Theodore Boehm.

Indiana has not had a female Supreme Court justice since Myra Selby stepped down in 1999 after five years on the bench.

Shepard's retirement was effective Friday after 27 years on the court. Though Massa fills the vacancy, a judicial commission will select the new chief justice from among the Supreme Court's five justices.

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  • No women since 1999!
    I know these appointments should be based on qualifications but I can not believe in 2012 that there are no women who have the qualifications to be a member of the Indiana State Supreme Court. Ridiculous.
  • AMEN
    The title says it all...corruption will win
  • What a surprise
    What a suprise, the gov paysoff another polictical hack. Massa is just another example of Mitch. I am surprised Mitch did not consider his bud Mitch Robb. The choices the gov makes never cease to amaze me. Massa could not get elected prosecuter, so the gov makes sure that he has a job for life. Great, another 50yr old to run a court that deserves better.

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    1. Why not take some time to do some research before traveling to that Indiana town or city, and find the ones that are no smoking either inside, or have a patio? People like yourself are just being selfish, and unnecessarily trying to take away all indoor venues that smokers can enjoy themselves at. Last time I checked, it is still a free country, and businesses do respond to market pressure and will ban smoking, if there's enough demand by customers for it(i.e. Linebacker Lounge in South Bend, and Rack and Helen's in New Haven, IN, outside of Fort Wayne). Indiana law already unnecessarily forced restaurants with a bar area to be no smoking, so why not support those restaurants that were forced to ban smoking against their will? Also, I'm always surprised at the number of bars that chose to ban smoking on their own, in non-ban parts of Indiana I'll sometimes travel into. Whiting, IN(just southeast of Chicago) has at least a few bars that went no smoking on their own accord, and despite no selfish government ban forcing those bars to make that move against their will! I'd much rather have a balance of both smoking and non-smoking bars, rather than a complete bar smoking ban that'll only force more bars to close their doors. And besides IMO, there are much worser things to worry about, than cigarette smoke inside a bar. If you feel a bar is too smoky, then simply walk out and take your business to a different bar!

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