A fixture of the South Bend legal community who previously worked under then Mayor Pete Buttigieg, Judge Cristal Brisco has been nominated to the U.S. District Court for the Northern District of Indiana.

Background

Brisco received a B.A. cum laude from Valparaiso University in 2002. Following her graduation, Brisco attended the University of Notre Dame Law School, graduating in 2006.

Brisco subsequently joined Barnes & Thornburg LLP, where she worked until 2013, when she became Corporation Counsel for the City of South Bend under then-Mayor Pete Buttigieg. After a brief stint as General Counsel at St. Mary’s College, Notre Dame, Brisco became a magistrate judge for the Circuit Court of St. Joseph County in 2018.

In 2021, Governor Eric Newsom named Brisco to the St. Joseph County Superior Court, where she currently serves.

History of the Seat

Brisco has been nominated for a seat on the U.S. District Court for the Northern District of Indiana. This seat was vacated on January 23, 2021, when Theresa Lazar Springmann moved to senior status.

Legal Experience

Brisco began her legal career as an associate at Barnes & Thornburg. While there, Brisco frequently represented the City of South Bend as private counsel, including in defending suits brought against the South Bend Housing Authority. See, e.g., Fincher v. South Bend Housing Authority, 612 F. Supp. 2d 1009 (N.D. Ind. 2009). Brisco also represented the City as an employer in defending against discrimination allegations. See Pittman v. Housing Authority of City of South Bend, 695 F. Supp. 2d 866 (N.D. Ind. 2010) (granting summary judgment to Defendant on allegations of racial discrimination and retaliation).

Between 2013 and 2018, Brisco worked as Corporation Counsel for the City of South Bend, Indiana. During that time, Brisco authored a letter declining to have the City Attorney’s Office represent Councilmember Henry Davis against a libel suit brought by police officers that Davis had alleged that made racist remarks. See Tom Perkins, ‘Look at His Record’: Buttigieg Faces New Criticism From His City’s Black Leaders, The Guardian, Sept. 26, 2019, https://www.theguardian.com/us-news/2019/sep/25/pete-buttigieg-south-bend-lawsuit-police-shooting. Brisco also joined an amicus brief on behalf of the City of South Bend in a challenge to President Trump’s “Muslim travel ban.” See Intern. Refugee Assistance Project v. Trump, 857 F.3d 554 (4th Cir. 2017).

Political Activity

Brisco has a limited political history, which consists of donations to Indiana Democrats Joseph Donnelly and Mel Hall.

Jurisprudence

From 2018 to 2021, Brisco served as a magistrate judge on the Circuit Court for St. Joseph County. As a magistrate judge, Brisco was appointed by the Indiana Supreme Court to a Study Commission on the Future of the Indiana Bar Exam. See In re Order Creating a Study Commission on the Future of the Indiana Bar Examination (Ind. 2018).

Since her appointment in 2021, Brisco has served on the St. Joseph County Superior Court, which serves as a trial court of general jurisdiction. Notably, Brisco granted summary judgment against most of the claims alleged by plaintiffs claiming injuries from use of the defendants’ swimming pool. See Pennington v. Memorial Hospital of South Bend, 206 N.E.3d 473 (Ind. App. 2023). Brisco’s decision was affirmed by the Indiana Court of Appeals. See id. Additionally, as a Superior Court Judge, Brisco was appointed by the Indiana Supreme Court to serve on the Indiana Commission on Equity and Access in the Court System. See In re Order Establishing the Indiana Commission on Equity and Access in the Court System, (Ind. 2021).

Overall Assessment

Brisco’s nomination, paired with that of Elkhart County Judge Gretchen Lund, is the Democratic half of the deal struck with Indiana Senators. That being said, while Brisco’s background does suggest some areas of progressive advocacy, it also shows a mainstream legal philosophy (one that led a Republican Governor to tap her for the bench). Overall, as long as Brisco maintains the support of her home state senators, she should be confirmed comfortably.