Magistrate touts experience in high court interview

INDIANAPOLIS | Lake County Magistrate Michael Pagano told a state judicial panel Wednesday his experience inside and outside the courtroom makes him an ideal pick for the Indiana Supreme Court.

"I've practiced civilly, criminally, in the federal system, in the state system and I'm comfortable in both systems," Pagano said. "I've been on the bench, I've been off the bench and there is a difference between being a neutral arbiter and a litigator."

The Crown Point man said his work as an attorney in New York and Illinois made him appreciate the quality and innovations of Indiana's judicial branch, such as the Lake County merit selection system that he helped put in place for county division judges last year.

Members of the Indiana Judicial Nominating Commission quizzed the 41-year-old as to whether he's too young for the state's highest court.

Pagano said he is not.

"It's been my experience that attorneys and litigants don't necessarily respect age, they respect knowledge, scholarship and passion," Pagano said.

If appointed, Pagano said his rulings as a Supreme Court justice would respect the other branches of government.

"I consider the judiciary essentially an 800-pound gorilla on an 8-inch chain," Pagano said. "The judiciary has to have the last word on what's constitutional and what's not, but at the same time it must be restrained, and certain questions have to be deferred to the Legislature."

Thursday, the commission will winnow the 15 applicants seeking to replace retiring Chief Justice Randall Shepard. The selected semifinalists will return for a second interview later this month. 

The commission ultimately will recommend three candidates to Republican Gov. Mitch Daniels, who will choose the next justice from those three.