Nominee: my 17 years bar & 5 years on bench, I have not had occasion … Kennedy questions Nominees

On 12/13/2023, A pair of northern Indiana trial court judges made their first appearances before the U.S. Senate Judiciary Committee, as they look to fill judicial vacancies on the U.S. District Court for the Northern District of Indiana. St. Joseph Superior Judge Cristal C. Brisco and Elkhart Superior Judge Gretchen S. Lund faced a brief round of questions from the committee after being introduced by Indiana Republican Sen. Todd Young. If confirmed, Brisco and Lund would fill the vacancies created by Judges Theresa Springmann and Jon DeGuilio taking senior status on Jan. 23, 2021, and July 17, 2023, respectively.

Young told the committee it was the first time he had brought forward recommendations for judges from the state’s superior courts. Brisco currently presides in St. Joseph Superior Court 4, where she also serves as a commercial court judge. She was appointed to the bench in 2021 after having served as a magistrate judge in St. Joseph Circuit Court since 2018. She is a 2002 graduate of Valparaiso University and a 2006 graduate of Notre Dame Law School.

Lund was elected in 2014 and took the bench in Elkhart Superior Court 4 in 2015. Before that, she had served as judge of the Goshen City Court since 2008. She is a 1998 graduate of Butler University and a 2001 graduate of Valparaiso University School of Law.

To advance the nominations, the committee will need to hold a vote on Lund and Brisco before sending their names to the full Senate for consideration and a final vote.

Kennedy asked nominees Title 6. Judge Brisco said, “senator in my 17 years as a member of the bar and five years on the

bench, I have not had the occasion to address title six in my career. However if I am so fortunate to be confirmed as an article 3 judge I would certainly research and study to be prepared to address that issue.”

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Nominee: my 17 years bar & 5 years on bench, I have not had occasion … Kennedy questions Baggio, Brisco, Lund

Transcript Highlights

Transcribed from the video audio:

• Senator, in my 17 years as a member of the bar and five years on the bench, I have not had the occasion to address title six on in my career
• However, if I am so fortunate to be confirmed as an Article III judge, I would certainly research and study to be prepared to address that issue, sir
• I cannot add anything that my panelists have not otherwise had
• Judge Basjel, where does the standing requirement come from
• Senator Kennedy, the standing requirement stems from the cases and controversies provision of Article III
• Tell me about the law of the case doctrine
• The law of the case doctrine is when a case has been adjudicated, then there cannot be any other collateral claims stemming from the issues that were already litigated
• Judge, tell me about Title VI of the Civil Rights Act
• Title VI, I believe, Senator, is the provision of the Civil Rights Act of 1964, which prohibits the discrimination based on religious preferences, I believe
• As you’re well aware, I’m sure, from my record, Senator, in my 18 years as a federal litigator, as well as my four and a half years on the state court bench, I didn’t have the opportunity to litigate issues related to Title VI of the Civil Rights Act