Indiana Supreme Court's only woman justice tabbed as its next chief

The court’s only female and least senior member, Rush was picked for the post by a seven-member judicial qualifications commission that vetted four current justices for the job.

Rush, a former juvenile court judge from Tippecanoe County, downplayed her gender after her selection and diplomatically dismissed concerns that she was the only candidate who was asked about balancing work and family.

“I look forward to the day that it’s unremarkable that there’s a woman on this court or a woman chief justice,” she said. “But I’m thrilled to be a woman chief justice on the Indiana Supreme Court.”

Rush, who was appointed to the Supreme Court in 2012, will take over the leadership post when current Chief Justice Brent Dickson steps down next month. Dickson, who faces mandatory retirement when he turns 75 in 2016, will remain on the court as an associate justice.

Rush, 56, along with Justices Mark Massa, Stephen David, and Robert Rucker, were questioned individually for 20 minutes by the commission in a public meeting at the Statehouse.

All were asked similar questions about their judicial philosophy, skills and legal experience, and what each thought was needed to improve the court’s operation. Only Rush, the mother of four, was asked whether she could handle being the chief justice and a mom.

The question from commission member John Ulmer came after Rush, in explaining the many public invitations that come to justices, described how she’d been invited to throw out the first pitch at a Southshore Railcats game in Gary. Rush said she asked her 12-year-old son to make the pitch for her.

“That’s something we all deal with,” she said of the challenge of balancing work and family. She added that she has a strong support network of family and friends.

The question, tweeted by reporters in the room, set off a furious response on social media.

Ulmer, a Goshen lawyer and retired state legislator, later said he only asked the question because Rush brought up her family.

“My wife had to raise our children while I worked all during the day and night, sometimes five nights a week,” Ulmer said. “And I saw how it affected my children. I think it’s important that you learn how to balance your life and work.”

Ulmer also said he voted for Rush during the commission’s private session, following the question period. “I made the motion,” he said.

Rush was appointed to the Supreme Court two years ago by then-Gov. Mitch Daniels, who praised her 14 years of experience as a juvenile court judge, which came after spending 15 years practicing law. Colleagues echoed his praise, saying she had a tireless work ethic, exacting legal judgment and a deep compassion for the children and families who appeared in her court.

Among those who lauded her at the time was Justice David, who called Rush “a great trial judge” and described her as “one of those individuals that went to work every day, and every day was a new opportunity to make lives better for families and children.”

Rush has talked previously about her family and the impact of her job on them.

When she first sought a seat on the top court, she revealed a harrowing experience that happened when she was a juvenile judge. In November 1998, a troubled young man kicked open the door of her home and tried to kill her husband. Rush suffered injuries while protecting the couple’s three children.

Rush knew the assailant, Years earlier, she’d been appointed to act as his legal advocate. He was only 14 at the time but already had suffered a lifetime of misery. A ward of the court since age 2, he’d spent years in failed placements in homes and mental health facilities. He spent the last of his teenage years incarcerated.

Rush cited the experience as one of the most significant legal matters ever entrusted to her in an application to be considered for state Supreme Court.