Judge Gretchen Lund – Nominee to the U.S. District Court for the Northern District of Indiana

Longtime Elkhart County Judge Gretchen Lund is the Republican-half of a package deal struck between the White House and Indiana Senators for the Northern District of Indiana.

Background

A native Hoosier, Lund was born in 1975, and grew up in the Goshen city area, graduating from NorthWood High School in 1994. After getting an B.A. from Butler University in 1998, Lund attended Valparaiso University School of Law, graduating in 2001. Following her graduation, Lund joined the Indianapolis office of law firm Ice Miller LLP before leaving a year later to clerk for Judge William Lawrence on the U.S. District Court for the Southern District of Indiana.

After her clerkship, Lund became a prosecutor with the Elkhart County Prosecutor’s Office.

In 2008, Lund was elected to be a Goshen City Judge and, since, 2015, has served as a Elkhart County Superior Court.

History of the Seat

Lund has been nominated for a seat on the U.S. District Court for the Northern District of Indiana. This seat was vacated on July 17, 2023, when Judge Jon DeGuilio moved to senior status.

Legal Experience

Lund has had a relatively limited legal career prior to becoming a judge. Her time consisted of a short stint as an associate at the firm of Ice Miller in Indianapolis and serving as a prosecutor for a year in Elkhart County, where she practiced in both the City Court and the Child Support Division.

Political Activity

Lund ran in her judicial race as a Republican. See Lund to Seek Judicial Post, The Goshen News, Jan. 23, 2007, https://www.goshennews.com/news/local_news/lund-to-seek-judicial-post/article_0dbbd4e5-da40-5777-b27b-75812d81bec3.html. Additionally, while in college, Lund worked for Indiana Senate Republicans Robert Garton and Marvin Riegsecker.

Jurisprudence

In 2008, Lund was elected and started as a Goshen City Judge, where she presided over criminal misdemeanors, city ordinance disputes, and traffic infractions. Since 2015, Lund has served on the Elkhart County Superior Court, which serves as a trial court of general jurisdiction.

Among the matters she presided over, Lund entered judgment against a plastic manufacturer for retaliatory discharge after a jury found in favor of a terminated employee. See Best Formed Plastics, LLC v. Shoun, 51 N.E.3d 345 (Ind. App. 2016). In another notable case on appeal from the City Court, Lund found the defendant guilty of public indecency and sentenced him to one year in jail, a harsher sentence than he had received in city court. See Morris v. State, 114 N.E.3d 531 (Ind. App. 2018). Lund’s sentence was affirmed by the Indiana Court of Appeals. See id. at 540. In contrast, the Indiana Court of Appeals reversed a portion of Lund’s sentence when she ordered that the sentence for a violation of Indiana’s habitual offender statute be served consequently to a driving under the influence sentence, finding that the habitual offender statute did not create a separate crime but rather a sentencing enhancement. See Weekly v. State, 105 N.E.3d 1133 (Ind. App. 2018).

Overall Assessment

Starting as a city judge and then a superior court judge, Lund has been on the bench most of her career, and Lund’s record suggests that she would be a fairly mainstream, if slightly right-of-center judge. As Lund was presumably the choice of Indiana senators for the bench, she should be confirmed easily.

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Judge Cristal Brisco – Nominee to the U.S. District Court for the Northern District of Indiana

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.

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Damon Leichty – Nominee to the U.S. District Court for the Northern District of Indiana

A South Bend based civil litigator, Damon Leichty will likely see a smooth confirmation given his relatively uncontroversial background.

Background

A native Hoosier, Leichty was born In Rensselear, Indiana in 1971.[1] After getting an B.A. from Wabash College in 1994, Leichty received a Master of Letters from the University of Aberdeen in Scotland and his J.D. from Indiana University Maurer School of Law in 1999. Following his graduation, Leichty joined the South Bend law office of Barnes & Thornburg LLP, where he has stayed, other than a short clerkship with Judge Robert Miller on the U.S. District Court for the Northern District of Indiana.[2]

History of the Seat

Leichty has been nominated for a seat on the U.S. District Court for the Northern District of Indiana. This seat was vacated on January 11, 2015, when Judge Robert Miller, his old boss, moved to senior status.

In early 2017, Leichty submitted an application to fill the vacancy.[3] While he interviewed with Republican Sen. Todd Young in April, he wasn’t selected as the primary candidate by the White House until April 2018 when he interviewed with Democratic Sen. Joe Donnelly.[4] Leichty was officially nominated on July 17, 2018.

Legal Experience

Leichty has spent virtually his entire legal career at the firm of Barnes & Thornburg, where he worked as a litigator. Through his career, Leichty has served as lead counsel in five trials, as well as associate counsel in two.[5] One of his key trials involved successfully defending Interbake Foods, a subsidiary of Mrs. Fields, against a brand damage suit brought by the parent company.[6]

One of his most prominent cases involved the level of public scrutiny that should be imposed on private police departments. ESPN filed suit against the University of Notre Dame, when the University police department refused to turn over reports under public records laws.[7] Leichty represented the University, arguing, as an issue of first impression that the university police department draws its authority from trustees, not the state, and as such, is not subject to public records law.[8] Leichty won the case before Judge Steven Hostetler, but the verdict was overturned by the Indiana Court of Appeals, which was itself overturned by the Indiana Supreme Court.[9] In another unique case, Leichty defended TASER International against a products liability suit brought by a Massachusetts State Trooper, who suffered injuries by being tased during his training.[10] Leichty was able to successfully obtain summary judgment by using admissions by the plaintiff’s expert during discovery.[11]

Overall Assessment

For the most part, the cooperation between Young and Donnelly on district court nominees has largely produced a team of relatively uncontroversial nominees. Leichty is no different, with no partisan history, and a long record as a litigator. With neither his experience nor his impartiality under serious question, it is likely that Leichty will join his old boss on the bench in the coming months.

[1] Sen. Comm. on the Judiciary, 115th Cong., Damon R. Leichty: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id. at 32-33.

[4] See id.

[5] Id. at 17.

[6] The Mrs. Fields Brands, Inc. v. Interbake Foods LLC., C.A. No. 12201-CB (Del. Ch. 2016-18) (Bouchard, J. Andre).

[7] ESPN Inc. v. Univ. of Notre Dame Police Dept., 62 N.E.3d 1192 (Ind. 2016).

[8] Jeff Parrott, ESPN, ND Case in Court, South Bend Tribune, Apr. 2, 2015.

[9] ESPN Inc. v. Univ. of Notre Dame Police Dept., 62 N.E.3d 1192 (Ind. 2016).

[10] Foley v. TASER International, Inc., No. 4:09-CV-10155 (D. Mass. 2011).

[11] Id.

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Holly Brady – Nominee for the U.S. District Court for the Northern District of Indiana

A prominent labor and employment attorney from Fort Wayne, Holly Brady is an unusual nominee for the federal bench, given her frequent representation of plaintiffs and victims of discrimination.

Background

A native Hoosier, Brady was born Holly Ann Winkeljohn in Fort Wayne on August 14, 1969.[1] After getting an B.A. from Indiana University in 1991, Brady attended Valparaiso University School of Law, graduating in 1994. Following her graduation, Brady joined the Fort Wayne law firm Gallucci Hopkins & Theisin P.C. which later merged into Barnes & Thornburg LLP. In 2002, she moved to the firm Theisen Bowers & Brady LLC as a Member.[2]

In 2007, Brady joined Haller & Colvin P.C. as a Member. She has served as President at the firm from 2012 to 2018.[3]

History of the Seat

Brady has been nominated for a seat on the U.S. District Court for the Northern District of Indiana. This seat was vacated on September 29, 2017, when Judge Joseph Van Bokkelen moved to senior status.

Brady was approached by Sen. Todd Young (R-Ind.) for the seat in early June 2017.[4] While she interviewed with Young in July, she wasn’t selected as the primary candidate by the White House until December 2017.[5] Brady interviewed with Sen. Joe Donnelly (D-Ind.) and his staff early in 2018 and was nominated on April 10, 2018.[6]

Legal Experience

Brady began her legal career as an Associate at Gallucci, Hopkins & Theisen, which later merged into Barnes & Thornburg. While there, Brady primarily represented employees in discrimination and wrongful termination cases. During her time there, Brady represented Monte Sieberns, who was blind, in a discrimination suit against Wal-Mart, who declined to hire him.[7] Brady argued that Wal-Mart discriminated by failing to hire Sieberns as a telephone operator, while Wal-Mart countered that their phone system could not have been operated by Sieberns.[8] Brady ultimately lost the argument before Judge William Lee at the trial level and the Seventh Circuit.[9] In another unique case, Brady represented the Estate of a police officer who was shot and killed by a fugitive.[10] Brady and her fellow attorneys sued the fugitive’s parents for negligent storage of the firearm, permitting the fugitive to access and use it, successfully persuading the Indiana Supreme Court to recognize a statutory duty of care by firearm owners to store their weapons appropriately.[11]

In 2002, Brady joined Theisen Bowers & Brady, a boutique employment law firm. At the firm, she represented current and former employees in a labor and breach of contract suit against DaimlerChrysler.[12]

In 2007, Brady moved to the Haller & Colvin, where she currently serves. While she continued her work on labor and employment issues, she also handled other civil litigation. Notably, Brady represented members of the House Democratic Caucus challenging the collection of fines imposed upon them by the Republican majority.[13] The suit arose from two incidents in 2011 and 2012, when Indiana State House Democrats fled the state to prevent a legislative quorum and block anti-union legislation.[14] In response, Republican Speaker Brian Bosma imposed fines on the absent lawmakers, and Democratic lawmakers, represented by Brady, challenged the collection of the fines by garnishing their wages.[15] The Indiana Supreme Court ultimately dismissed the suit in a 3-2 decision, finding that courts had no jurisdiction over the issue.[16]

Overall Assessment

Generally speaking, regardless of the administration, attorneys practicing civil defense are more likely to become federal judges than those primarily representing plaintiffs. As such, the nomination of Brady, who has primarily represented plaintiffs, is refreshingly different. While Brady is a Republican,[17] her representation of Democrats, labor plaintiffs, and the victims of discrimination is likely to deem her a consensus nominee.

[1] Sen. Comm. on the Judiciary, 115th Cong., Holly A. Brady: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id.

[4] Id. at 25-26.

[5] Id. at 26.

[6] See id.

[7] Sieberns v. Wal-Mart Stores, Inc., 946 F. Supp. 664 (N.D. Ind. 1996).

[8] See id. at

[9] Sieberns v. Wal-Mart Stores, Inc., 125 F.3d 1019 (7th Cir. 1997).

[10] Estate of Eryn T. Heck v. Stoffer, 786 N.E.2d 265 (Ind. 2003).

[11] Id. at 269.

[12] Bell v. DaimlerChrysler Corp., 547 F.3d 796 (7th Cir. 2008).

[13] See Berry v. Crawford, 990 N.E.2d 410 (Ind. 2013).

[14] Frank James, Indiana Democratic Lawmakers Imitate Wisconsin, Flee State, NPR, Feb.. 22, 2011, https://www.npr.org/sections/itsallpolitics/2011/02/22/133966237/indiana-democratic-lawmakers-imitate-wisconsin-flee-state.

[15] See Berry, supra n. 13 at 413.

[16] Id. at 422.

[17] See Brian Francisco, City Lawyer Picked for Federal Post, Fort Wayne Journal Gazette, Apr. 11, 2018, http://www.journalgazette.net/news/local/20180411/city-lawyer-picked-for-federal-post (citing Mark Gia-Quinta).

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