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Published: April 07, 2008 05:30 pm
CANDIDATE Q&A: Judge of Clark Superior Court 2
Editor’s Note: Submissions appear as the candidates submitted them without editing. Candidates are listed in alphabetical order. Except where noted, questionnaires are only being published for contested races.
Andrew "Drew" Adams• AGE: 36
• EDUCATION HIGHLIGHTS: Juris Doctorate - Indiana University School of Law - Indianapolis (2000)
B.A. English - Indiana University Southeast (1997)
United States Marine Corps 1990-1994
Graduate of Charlestown High School (1990)
• CARERR HIGHLIGHTS: Founder of Adams Law Office (2001); Law Partners with Ken Pierce in Adams & Pierce (2005); Floyd County Public Defender (2003-2006); Clark County Public Defender (2005-2006); Judge Pro Tempor Clark Circuit and Superior Courts; Judge Pro Tempor Floyd Circuit and Superior Courts
• FAMILY NOTES: Drew is married to Tammy Deaton-Adams, and they have three (3) children: Harrison, Sophia and Gracie Adams. Drew is the son of Darrell and Geneva Adams of Charlestown.
1) Why are you running for this position?
“Judge Cecile Blau has served our community well for 12 years and I believe our community deserves the continuation of integrity and accountability she upheld. We need a fair and compassionate Judge. A Judge who shares and cares in each individuals interests and our communities interests. I was born and raised in Clark County and after serving in the United States Marine Corps I returned to Clark County to attend college. Then after attending law school in Indianapolis, I returned home to Clark County to start my law practice and raise my family. I returned to Clark County because I believe in our community. This is a wonderful community and deserves a Judge who has the community interests in mind. Our community needs a positive Judge. A Judge you can believe in. A Judge the community can believe in. I look forward to having the opportunity to serve this great community in such a vital position.”
2) What is the most important issue facing this position and what is your plan to resolve it?
“Court delays, with the growing number of civil and criminal cases being filed, the Court's docket continues to become overcrowded, which denies individuals their day in Court. I intend to update the Court and it's policies, which would include computerized calendaring and docketing of cases. I intend to hold parties accountable for delays. I hear individuals complain all the time about their case or hearing being delayed, when the delay could have been avoided. People deserve their day in court and they shouldn't have to wait three months to get it. When I institute and upgrade the court and its policies, I believe the court will run more efficiently and shorten the length of delay in cases. This in turn would reduce our current jail overcrowding and possibly our taxes, as incarcerated individuals would have their cases resolved quicker and those individuals could be released or those individuals sentenced to the department of corrections could be transferred sooner.”
3) What unique contribution will you make to local office?
“Fair and compassionate administration of justice for all. In my experience, most individuals that have had to go to court at some point for something, have a distaste of the Courts and the Courthouse. I intend to incorporate fair and impartial administration of justice for all individuals, families and children of Clark County. I intend to assist agencies and individuals to assure we are putting Clark County interests first. I intend to institute integrity and accountability to the Court, attorneys and all parties involved. I will be honest and fair and respect each and every individual who appears before the Court.”
4) Have you ever been convicted of a non-traffic court crime in the United States? if so, please explain all relevant instances.
“Not applicable.”
READER-SUBMITTED QUESTIONS
What do you think should be the local role and responsibility in dealing with illegal immigration?
“As an Attorney I see the pit falls of illegal immigration and the Court system. At a county level, the county does not have the authority to arrest and deport illegal immigrants. However, we could assist the Federal Government (INS) by seeing that individuals who are illegal immigrants who commit and are convicted of serious crimes be detained until the Federal Government is provided enough time to properly process the cases for deportation. But we must keep in mind that the County cant afford to detain the individuals at great length due to the expense it would cost.”
Describe your courtroom trial experience. How strong is your experience at trial, particularly as lead attorney in jury trials? Are you properly trained to adjudicate capital cases? Will you be able to run a professional courtroom on the day you take office? In other words, what about your courtroom experience would lead voters to believe you won't need “training wheels” in your first years.
a) “I have had numerous civil and criminal trials as lead counsel which include personal injury auto accident trials, civil bench trials, and criminal trials ranging from simple misdemeanors to murder.
b) “I believe my trial experience speaks for itself when it comes to actual Court trials and time in court. I run a highly productive law practice and in the past 5 years, for example, I have tried approximately 15 trials which included auto accidents, double murders, battery causing death (shaken baby), dealing in cocaine, armed robbery, and child molesting. The most important part of this experience, is being up to date on the law and the changes.
c) Are you properly trained to adjudicate capital cases? “Yes.”
d) Will you be able to run a professional courtroom on the day you take office? “Yes.”
e) “If you were to ask anyone in the Courthouse to describe my courtroom experience and professionalism, I believe they would describe me as a confident, honest and reasonable attorney. An individual with a level head, with fair and rational reasoning skills. I personally believe if you follow the law and apply a little common sense to matters without impartiality to the parties, there wont be a problem. The problem begins when individuals with large egos are elected and take the power and authority of the position and use it to belittle the individuals whose rights the Court was established to protect. I plan to incorporate fair and compassionate justice for all and I will be honest and fair and respect each and every individual who appears before the Court.Jerome F. “Jerry” Jacobi• AGE: 52
• EDUCATION HIGHLIGHTS: Our Lady of Providence High School (1973); Indiana University Southeast (1976) Bachelor of Arts; University of Dayton School of Law (1979) Juris Doctor of Law; Mandatory Legal Education for Indiana Prosecuting Attorneys (1982-1989); Mandatory Legal Education for Indiana State Court Judges (1994-2008)
• CAREER HIGHLIGHTS: Senior Judge and Special Judge (2007-present) assigned to courts in eight counties.
— Judge, Clark Superior Court No. 1 (1995-2006) Managed the second busiest court in the state out of 315 trial courts in 2006 according to Supreme Court statistics. Conducted a record number of jury trials for this court. Established the most comprehensive youth education programs ever devised in Clark County: Art Kids (1996), Teen Court (1998) and Judge For A Day (2000). Maintained the longest daily court hours (8am-5pm) with three less employees.
— Indiana State Bar Association Award (2001) for Teen Court, Judge For A Day and Art Kids by the Civil Rights of Children Committee.
— Clark County Prosecuting Attorney (1983-1989) Completed the first successful capital murder case in 50 years in Clark County. Maintained an active trial court docket that included drug, homicide, property crime, sex crime and habitual offender cases. Member, Indiana Prosecuting Attorney Council. Deputy Prosecutor (1982-1983).
— Indiana State Utility Consumer Counselor (1989-1991) Facilitated transfer of technical resources from the Utility Regulatory Commission. Received the Sagamore of the Wabash in 1991 from Governor Evan Bayh.
• FAMILY NOTES: “Married to the former Kathryn Henderson of Charlestown. We share the warmth of our home in downtown Jeffersonville with Kathryn's mother, Nancy Henderson and two kittens named Max and Casper. We enjoy hiking activities and staying involved in our church (St. Augustine in Jeffersonville) and the community. Kathryn is a doctoral Humanities candidate at the University of Louisville and teaches literature at Providence High School. My recent hobby is playing the bluegrass banjo. Music and barbeque are our favorite summer activities.
“My five brothers and I have sponsored the Jacobi Family Nursing Scholarship for the last 25 years in honor of our late mother.
“My wife and I believe that family involvement in the community is important. I am a member of the St. Augustine Parish council, an associate member of Blue Star Mothers, Jeff-Clark NAACP, Dr. MLK Holiday Committee, 4H livestock buyer, Kof C Council 1348, F.& A.M. Jeff Lodge 340, Community Kitchen, So. Ind. Leadership Alumni, Franklin Commons Neighborhood Ass'n , C.A.S.I. Grass Roots Prevention and Democrat Men's Club.”
1) Why are you running for this position?
“Clark County has lost 70 years of judicial experience. I will bring my judge and prosecutor experience to Superior No. 2. This is our premier drug court.
“I will address the No. 1 community problem: crime and drugs. In 2006, I presided over the second largest docket in the state among 315 courts. From 1995-2006, I presided over felonies, drug cases, juvenile delinquencies, domestic and civil cases that provided a wide range of judicial experience. I continue to work as Senior Judge and Special Judge in eight counties. My prosecution experience of 7 _ years has prepared me to address these issues.
“I am the only candidate with extensive prosecutor and judge experience.
“The Teen Court program, established in 1998, is recognized statewide as a model for youth education. Other youth programs involved students from grades K-12. The new judge in Superior No. 2 must provide drug abuse education to Clark County students. I am the candidate to provide that leadership with my Teen Court experience.
“I am the right judge with the right experience for Superior No. 2.
2) What is the most important issue facing this position and what is your plan to resolve it?
“The most important issue is crime and drugs.
“I will hold drug dealers, drug abusers, violent and repeat offenders accountable. Dealers and abusers make illegal sales that cause crime. Repeat offenders continue to commit crimes. Violent offenders breach the civil peace. Courts must eliminate the excuses for anyone connected with drug crimes. Courts must stop the “revolving door” that puts the untreated drug abuser and the dealer back on the street.
“Rehabilitative drug services will be mandatory and strictly enforced. I will create a citizen advisory panel to make recommendations needed to rehabilitate the chronically addicted and to deter those that are unwilling or unable to reform. I will continue Drug Court and involve the total community.
“Justice delayed is justice denied. I will stop the delays and the excuses. The plan is to resolve cases within the American Bar Association guidelines (98% within six months, the balance within the next six months). This will address jail overcrowding.
“I will neither compromise the rights of the accused nor the safety of the community.”
3) What unique contribution will you make to local office?
“I will educate, adjudicate and rehabilitate by involving a total community effort.
“Superior No. 2 needs community support to educate students and parents through school programs that discourage the abuse of drugs in all forms. My work in Teen Court and the C.A.S.I. Grass Roots Prevention are two examples. I will encourage neighborhood block watches and police tip lines to allow citizens to fight back. I belong to a neighborhood association in downtown Jeffersonville.
“Superior No. 2 needs community support to adjudicate those arrested for drug offenses and related crimes to serve on juries. The court needs good jurors to resolve these cases in a fair and timely manner. I will encourage citizens to respond to the jury summons in order to appear and faithfully serve their duty.
“Superior No. 2 needs community support to rehabilitate the addicts through Drug Court, family support, employer support and probation service hours. I will encourage volunteers to get involved in our rehab efforts. The court needs the community input of an advisory group with expertise when our best efforts do not succeed.
4) Have you ever been convicted of a non-traffic court crime in the United States? if so, please explain all relevant instances.
“No.”
READER-SUBMITTED QUESTIONS
What do you think should be the local role and responsibility in dealing with illegal immigration?
“The issue of illegal immigration has been preempted by Federal jurisdiction. This means that these cases are exclusively enforced and adjudicated by the federal government.
“It is important that local courts understand the problems of illegal immigration and work closely with federal authorities. Immigration status is relevant to the issue of setting bail and accepting guilty pleas with deportation implications. The language barrier must be accommodated. In Superior No. 1, I conducted a trial of two non-English speaking defendants with the aid of two state certified court interpreters.
“Judges must be aware that certain persons appearing in court may have unlawfully entered the United States. Probation must check with the arresting agency prior to any sentencing recommendation.
“Judges should encourage the arresting agency to routinely check the immigration status of arrested persons. This check gives notice to federal authorities to either initiate or decline legal action without delaying local proceedings. Absent a federal detainer warrant, the court must set a reasonable bail after considering the immigration status and other factors under Indiana law.
Describe your courtroom trial experience. How strong is your experience at trial, particularly as lead attorney in jury trials? Are you properly trained to adjudicate capital cases? Will you be able to run a professional courtroom on the day you take office? In other words, what about your courtroom experience would lead voters to believe you won't need “training wheels” in your first years.
“I am the only judge candidate to serve as lead counsel on two separate capital murder cases as the Clark County Prosecuting Attorney. Those cases are identified in the state judicial records as State v. Boyd (1983) and State v. Utley (1989). I assisted in the investigation of a third capital case of State v. Davidson .
“I am the only judge candidate that has presided over a Life Without Parole case involving the triple homicide arson by a minor defendant in State v. Bald (1999). These four murder cases resulted in convictions upheld on appeal.
“I have presided over numerous trials involving murder, drunk driving fatality, rape, child abuse, burglary and habitual offender. My docket was the second busiest in the state.
“I managed one-half of the felony cases (Class C felony to capital murder) with the Clark Circuit Court. In 2005, I managed one-half of the Class D felony drug cases. I presided over 70 jury trials, several hundred bench trials and thousands of civil and criminal cases.
“This is a record number of trials by any judge presiding in Superior No. 1.
“Other candidates will not have my present judicial experience until the year 2022.”
Shelley J. Marble• AGE: 36
• EDUCATION HIGHLIGHTS: B.A.: Ball State University 1993
- Juris Doctorate: Indiana University School of Law 1999
• CAREER HIGHLIGHTS: “In 1999, I started as a Clark County Deputy Prosecuting Attorney in the Juvenile Court and Child Support Division After one year, I was promoted to the Director of Child Support, but retained my duties as a Juvenile prosecutor. In 2003 I was again promoted to the position of the Sex Crimes/Crimes against Children Prosecutor. I have served Clark County in this position for five years. Unfortunately, my caseload has grown every year and I have personally prosecuted hundreds of sex crimes against Clark County children. My criminal trials have ranged from Domestic Violence to Child Molesting to Attempted Murder.”
• FAMILY NOTES: ”I have been married to David Marble for five and a half years. We have two year old twin girls. My parents are Bill and Mary Jo Beauchamp and my in-laws are Doris and Dean Marble.”
1) Why are you running for this position?
“I feel that Clark County needs a prosecutor's perspective on the bench. Judges Blau, Fleece and Donahue will all be leaving their respective offices by the end of the year. Judge Carmichael is in her second year on the bench and in all likelihood Judge Weber will take over Superior #3 next year. It is unknown who will be appointed to Judge Donahue's bench come June of this year. As it stands right now, I am the only one of the four in my race or in any other race or appointment that has recent prosecutorial experience. I believe that is essential in at least one of the Clark County four felony courts. After working with crime victims for the past five years, I understand their fear that their perpetrator is back on the street. I realize that housing inmates is paid for by taxpayer's money, however in today's society it is a reality that certain offenders need to be incarcerated for the protection of our community. For certain non-violent crimes work release is a good option, but only for those who want to help themselves. Unfortunately, for some, jail should be their only option.”
2) What is the most important issue facing this position and what is your plan to resolve it?
“Court efficiency and time management. Superior #2 Court's case load has been overwhelming due to the huge number of felony drug cases filed. To ease the overcrowding, The Judges changed the local rule to allow only Class A, B and C drug felonies in Superior #2. Now all D felony drug charges are filed in Circuit Court. This helped the Court's criminal case load but it still has a divorce and paternity docket that is growing. Once a child support order is established through one of these pleadings, that order lasts until the child is 21 or emancipated. One divorce alone can necessitate many court appearances if neither party is complying with the order. Add all the civil cases on top of the numerous criminal cases and this court has a voluminous docket. To speed things along, the docket system should be computerized so that each member of the court staff can review the docket and schedule hearings quickly. Also, if a hearing is scheduled, then it should happen in open court and not in chambers.”
3) What unique contribution will you make to local office?
“I will bring a fresh perspective from a prosecutor standpoint which I believe is needed on at least one of the Clark County benches. I have worked with almost every civil and criminal attorney in Clark County. With the sex crime caseload, I am not assigned to a court like other prosecutors, I am assigned to the crime, wherever it is filed. I currently have cases open in all four felony courts and also in juvenile court. Due to my varied caseload, I often appear in all four felony courts every week. I have also tried cases in Superior #1 Court, Superior #2 Court, Superior #3 Court, Circuit Court and Jeffersonville City Court. I have had the pleasure of sitting in on Judge Blau's Drug Court not only for graduation but also during the normal Thursday night court which she holds every week.”
4) Have you ever been convicted of a non-traffic court crime in the United States? if so, please explain all relevant instances.
“No.”
READER-SUBMITTED QUESTIONS
What do you think should be the local role and responsibility in dealing with illegal immigration?
“I have appeared in many court hearings where the Court/County pays for the non-English speaking defendant to have an interpreter. I have personally seen in Superior #2, Judge Blau charge the defendant at sentencing for the cost of the interpreter if the defendant is found to be able to speak and understand English or is not indigent. I believe that practice should continue. Under our constitution, an English speaking person and a non-English speaking person have the same rights. If elected Judge, I take an oath whereby I vow to uphold the Constitution of both the United States of America and the State of Indiana. I would uphold those rights for every person. In Court, non-citizens and foreign nationals deserve nothing less, and nothing more.”
Describe your courtroom trial experience. How strong is your experience at trial, particularly as lead attorney in jury trials? Are you properly trained to adjudicate capital cases? Will you be able to run a professional courtroom on the day you take office? In other words, what about your courtroom experience would lead voters to believe you won't need “training wheels” in your first years.
“I have been either first or second chair in jury trials involving Attempted Murder, Child Molestation, Sexual Misconduct with a Minor, Neglect of a Dependant, Dissemenation of Matter Harmful to Minors, Production of Methamphetamine, Dealing in Scheduled Narcotics, Domestic Violence, Operating a Vehicle While Intoxicated, and Intimidation. I have also prosecuted two murders. My boss, Steve Stewart has become regarded as a national “expert” on Death Penalty cases and I have provided input and assistance on his annual publication on the topic faithfully. As a Deputy Prosecutor and Child Support Director, I managed an office of five caseworkers, three investigators, two victim advocates and a secretary. I do not need “training wheels” because I know my way around a courtroom and a busy court office. If anyone has any questions or comments, my webpage is ShelleyMarbleforJudge.com”
Daniel E. Moore• AGE: 55
• EDUCATION HIGHLIGHTS: Bachelor’s Degree - Franklin College; Master’s Degree - Indiana University; Juris Doctor Degree from John Marshall Law School
• CAREER HIGHLIGHTS: Admitted to Bar of United States Supreme Court and Indiana Supreme Court; past work includes: Chief Deputy Prosecutor of Clark County, Clark County Attorney, lead negotiator with U.S. Army and Civilian Staffs for transfer of INAAP facility to Clark County; work on Congressional Transfer Bill for INAAP; Clark County Attorney; YMCA Legal Advisor; past coach in school and AAU basketball teams; Attorney for Clarksville Community School Corporation; Instructor of Business Law at Ivy Tech and IUS
• FAMILY NOTES: Married to Diane (32 years); three children, Jennifer, Nicholas and Matthew
1) Why are you running for this position?
“I bring broad experience to this campaign from criminal jury trials, being a former Chief Deputy Prosecutor here. I have also represented landowners in eminent domain cases, tried jury cases for injury and conducted federal/state/local negotiations. I have tried a large number of bench trials and family disputes over more than 20 years of practice.
“Superior Court No. 2 is not just limited to cases brought by a prosecutor. Any suggestion to the contrary, by statements or mailers, is not correct. As a former prosecutor here, I understand the importance of effective disposition of criminal cases. I also know how people in all litigation hope for prompt decisions to resolve disputes. One challenge is to develop efficient systems and practices to manage complex family, criminal, and business trials and other cases filed there.
“The “court experience” for many can be gut-wrenching and full of anxiety. Our system must service-oriented and recognize that there are often pieces to put back together after a highly-contested divorce case or after a jury renders a verdict in any kind of case.
“I have stood in the hallway many times with clients awaiting a decision. I know, after those experiences, how everyday citizens have high expectations from our courts. I want to make changes that modernize delivery of judicial services.”
2) What is the most important issue facing this position and what is your plan to resolve it?
“We must find ways to organize operations so that persons charged in multiple courts could, possibly, have cases transferred to the first judge where a case is filed. I call this a Case Transfer System. This ties directly to the jail crowding problem requiring the Sheriff to continuously hold persons for a variety of courts. We must modernize ways to track cases and provide equal scheduling priority for criminal, civil, family law, business and other cases.
The first priority for this and all local courts is the delivery of service. The citizens deserve progressive changes. I believe all courts, including city and town courts, must be linked by computer with the Sheriff in the best possible modern way. The court should be open for court business during all business hours. Special programs should never be scheduled so as to cause unnecessary continuances of trails concerning very real human conflicts.
“Something like night courts or alternative court days, like Saturdays, to aid the prisoner housing problem or lessen scheduling problems in different types of cases must be considered, or at least attempted.”
3) What unique contribution will you make to local office?
“I have jury trial experience in a broad variety of cases, including criminal cases when I was a prosecutor and those mentioned above; but Superior Court No. 2 presents a diversified court that requires experience in many different kinds of cases. I worked on the Ammo Plant Conversion Project from 1993 until the transfer bill passed the Congress in 1998. That federal-level negotiating experience was very complex, but the transfer goal was attained. In all work a judge’s priority should try to reach solutions to problems.
“Of all candidates seeking this post, I have the broad range of (civil and criminal) experience in jury or bench trials that is necessary to understanding and managing this busy court.
“In my experience representing people on the “other side of the bench” the public is best served when the court is efficient and responds to citizen needs. I can bring this experience and understanding to the position of Judge in Clark Superior Court No. 2.
“Our court system provides a great capacity to seek the truth and find it in disputes that are filed. It is the best system in the world. We must make it work at its best level. The legal system must become less mysterious and more understandable to those it is intended to serve.
4) Have you ever been convicted of a non-traffic court crime in the United States? if so, please explain all relevant instances.
“No.”
READER-SUBMITTED QUESTIONS
What do you think should be the local role and responsibility in dealing with illegal immigration?
“Indiana Supreme Court Rules, in my view, do not permit judicial candidates or judges to offer or write positions or opinions and public statements on issues that may come before the court at some later time. A court’s responsibility is to apply the laws that are enacted by the federal, state, and local levels by legislative bodies. Administrative policy-making is often the responsibility of the legislative branch of government and issues concerning illegal immigration may come before a court under such appropriate legislation.”
Describe your courtroom trial experience. How strong is your experience at trial, particularly as lead attorney in jury trials? Are you properly trained to adjudicate capital cases? Will you be able to run a professional courtroom on the day you take office? In other words, what about your courtroom experience would lead voters to believe you won't need “training wheels” in your first years.
“I have been lead attorney in several jury trials in the courts over the years, whether as a prosecutor, as attorney for the county or as a private attorney. I have tried many cases involving family and property disputes. I worked on a capital murder case, including crime scene work, witnessing the autopsy and working with police and victims to gather and develop evidence.
“Another important part of my court experiences has been working with ordinary (non-criminal) people and families who must take their cases before a court. This experience provides a strong foundation from which I can be an effective judge and manage cases immediately when the term begins.
“I will not hesitate to firmly and decisively apply the law for the best interest and safety of our community. Having been “lead attorney” in many different trials, I believe I am well prepared to manage all types of Superior 2 cases as a judge.”
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