Floyd County Superior Court 1: Longtime lawyer challenging Orth

April 30, 2008 10:58 am

— Defense attorney Michael McDaniel is running against incumbent Judge Susan L. Orth for a spot on the ballot for November’s Floyd County Superior Court No. 1 race.
Orth, 49, has been judge of Floyd County Superior Court since being appointed in June 2004 to replace retiring Judge Richard Striegel. Before accepting the judicial seat, she was a chief deputy prosecuting attorney, as well as a civil lawyer.
McDaniel, 64, has practiced law for 40 years and also ran his firm as a small business owner during most of that period. He said in a recent interview that while his current practice focuses on criminal defense, civil rights and personal-injury cases, that he has tried hundreds of varied legal issues over the years.
McDaniel and Orth differ on their views of how the newly formed Superior Court No. 1 should run once implemented in 2009.
Floyd County is adjusting its criminal-justice system in 2009 by adding a court to handle the growing number of cases in the county. There will be three Superior Courts, the County Court will become Superior No. 2, and Circuit Court will remain.
Orth said despite being one of the busiest courts in the state, the currently operational Superior Court completes its cases in a timely manner. McDaniel, on the other hand, said he feels a lot of time is wasted with a court lunch hour and waiting on late attorneys.
“If elected, I plan to be rather unforgiving about lawyers being late,” McDaniel said. “I’m never late.”
Orth said she doesn’t see any problems in the court’s process as it runs now, and noted her staff — most whom also worked under Striegel — have a total of more than 50 years of experience.
“Each quarter, we resolve far more cases than are brought in,” Orth said. “If you surround yourself with good people, things will go well.”
McDaniel also said he would like to see the court become a “drug court,” similar to retiring Judge Cecile Blau’s Clark County Superior Court No. 2. However, he also noted that if the judges select to make one of the other courts the drug court, he would still work hard each day to handle the docket of civil and criminal cases.
“We need to be focusing on rehabilitation,” McDaniel said. “A lot of it is for these people affected by drugs to go get a job.”
Orth said the court she runs is one of “general jurisdiction” and she would rather it not become a drug court. She also noted that her job is to work closely with agencies that can help addicts who might have made a one-time mistake and also to put “public safety first.”
“I love my job,” Orth said. “I am so proud of this court and our staff, and I hope people will choose to help keep it this way.”

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