Sun, Oct 12 2008

Politics/Government |

Published: April 02, 2008 08:33 am

CANDIDATE Q&A: Floyd County Superior Court 1 - Democratic Primary

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.

Michael J. McDaniel

• AGE: 64

• EDUCATION HIGHLIGHTS: Xavier University BS History; University of Louisville Law School Juris Doctor

• CAREER HIGHLIGHTS: Having the opportunity to represent many people involved in unique and high profile cases and trials.

• FAMILY NOTES: Married to Deborah Banet. Five Children, Kelly, Tom, Jody, Shannon and Erin. Two grandchildren

1) Why are you running for this position?

“I have been involved in several recent Floyd County cases which have had a huge financial impact on all of us because of prosecutor overreaching without balancing judicial restraint. Both criminal and civil cases must be tried without error if our justice system is to operate efficiently. I know what to do and how to do it.

“I have tried cases in a dozen counties and federal court divisions before more than sixty judges. Some very good judges, some very bad.

“I have seen the positive effect and influence of the best judges on the justice system and their communities. My heroes are the very best judges, those that decide questions fearlessly on the facts and the law without concerns about prejudice, politics or publicity.

“I believe my forty years of experience have given me the tools to be a good judge. I believe the good fortune and success I have had creates a duty to give back to my community. I believe with hard work I can be the judge I would be glad to appear before.

2) What is the most important issue facing this position and what is your plan to resolve it?

“Simply stated, it is the problem of the efficient, effective and economic management of the Court. But the solution is anything but simple. It will require many changes and improvements.

“Our jail has reached overcrowding and there is talk of an addition. This is not necessary. The majority of inmates are awaiting trial, unable to post high bonds. Placed on home incarceration with GPS ankle bracelets, our Community Corrections can monitor their whereabouts 24/7, allowing them to work to support themselves and their families, rather than being supported by the taxpayers.

“Public Defender case loads are saturate. We need not hire more defenders with tax dollars if only the truly indigent are appointed counsel. Effective screening will insure this. I will create a 'Modest Means' list of attorneys who, as a public service, will represent those who can pay a reduced fee.

“Trial errors resulting in reversals and retrial must be avoided by reaching the right decisions the first time.

“The office will not close for lunch, night court is an option, and all attorneys will be required to be prompt, prepared and ready to present. Nothing breeds disrespect for the judicial system like delay and waste of time.

3) What unique contribution will you make to local office?

“I am a trial lawyer. I have practiced in a dozen Indiana Counties and in Federal Courts and have tried some 450 to 500 civil and criminal jury trials. I have taught trial skills to hundreds of lawyers all over the State of Indiana. I know what works and what does not, not just locally, but across our State.

“In times of shrinking tax dollars and expanding needs, the decades of operating my law office has taught me how to use and manage the assets presently available to the Court without waste and without increasing costs and expenses.

“I have always fought hard and done my best for those I have represented, some of whom have been extremely unpopular. Fear of public criticism or loss of votes will never influence my decisions of what I believe is right.

“I will continue to treat those persons who find themselves in the justice system with respect and as individuals, not numbers or statistics.

“More information on what shapes my personal beliefs about being a judge, issues, problems and solutions can be found at www.mcdanielforjudge.com.”

4) Have you ever been convicted of a non-traffic court crime in the United States? if so, please explain all relevant instances.

“In 1964 I was convicted of disorderly conduct in the Newport, Kentucky City Court trying to stop the nightstick beating of a college student by city police.”

READER-SUBMITTED QUESTIONS

What do you think should be the local role and responsibility in dealing with illegal immigration?

“A judge cannot, and should not, make laws. His job is to follow and apply the law as it exists.

“As such a judge must be aware of both State and Federal laws which apply to illegal immigrants and frequently overlap.

“Additionally, foreign laws and treaties in which the United States is a participant require international protocols be followed in some cases. For example, in cases where illegal immigrants are accused of serious crimes, their embassy or consulate must be notified promptly, a rule I do not see applied as it should be.

“Too often the consequences of Court action have far reaching deportation consequences. Many lawyers do not know or understand these consequences. The job of doing it correctly is ultimately the responsibility of the Court.

“I believe I am familiar with and able to knowingly, justly and fairly apply these laws when called upon to do so.”

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.

“Since 1968 I have tried between 450 and 500 civil and criminal jury trials in Indiana and Federal courts. I have successfully argued cases concerning trial court errors before the Indiana Courts of Appeals, the Indiana Supreme Court and the Seventh Circuit Court of Appeals in Chicago.

“I am death penalty defense qualified as lead counsel under Indiana Supreme Court Rule 24, and have represented six capital defendants, four of whom went to trial. All received sentences of less than death.

“I have testified twice as an expert witness for the Indiana Public Defender's Office and once for the State concerning the ineffective assistance of death penalty defense counsel.

“I have taught trial skills to defense lawyers, including capital defenders, for fifteen years for the Indiana Public Defender Council, and have been a membership elected Board member since 2000 and now serve as vice-chairperson.

“I have been a volunteer member of the Floyd County Community Corrections Advisory Board for a decade and understand why it is highly regarded in Indiana as well as its underused potential.

“I have operated a law office for over three decades and as a small businessman I know how to manage efficiently, effectively and economically.”

Susan L. Orth

• AGE: 49

• EDUCATION HIGHLIGHTS: Indiana State University 1981 Bachelor of Science, double major, Political Science and Psychology; University of Louisville 1982 Master of Science Criminal Justice Administration; Chase College of Law 1985 Juris Doctorate; Kentucky Bar 1985; Indiana Bar 1986

• CAREER HIGHLIGHTS: June 1, 2004, when the Governor of Indiana appointed me Judge of Floyd County Superior Court, replacing retiring Judge Richard Striegel. I was proud to have been made a part of Floyd County history as our first woman Judge. I am pleased with our accomplishments over these past four years and look forward to continuing to serve you as Judge of Floyd Superior #1.

• FAMILY NOTES: “My Husband Terry Becker and I met in our Freshman year of college and have been married over twenty years. We have a beautiful thirteen year old daughter Brandy.

“Terry is a software engineer at Humana. He is the former president and current board member of the Floyd County Extension Board. He is a member of the New Albany Redevelopment Authority and President of the Democrat Men's Club.

“Brandy loves soccer and is a member of the Net Surfers Soccer Club. She also enjoys track, participating in plays, violin and, she is a “graduate” of Malysz Daycare.

“Terry, our daughter Brandy and I are committed to helping those in need. As a family, we have volunteered in New Orleans, after Hurricane Katrina, redistributing food for over 12,000 families. We purchase and deliver food, clothing and school supplies to families on the Navajo Reservation in Arizona. We volunteer in Guatemala bringing supplies and food to native peoples. And we contribute to and volunteer for many local organizations such as Bridgepoint, the Center for Women and Families and LifeSpan.

“We have taught Brandy the importance of giving to the community and not just being a consumer.”

1) Why are you running for this position?

“I am the current Judge of Superior Court and I am honored to be in a position to provide a new generation of leadership in Floyd County. I wish to take the best of our tradition, and blend with it progressive concepts of justice. Among these concepts are kindness, strength, innovation, punishment, mercy and firm sentences. I want to provide a new balance of justice.

“As the Judge of Superior Court, I am fortunate to have a position where I can make a positive change in someone's life every single day.”

2) What is the most important issue facing this position and what is your plan to resolve it?

“On average, over 1500 new cases are filed in my court each year. These cases include two thirds of all felony criminal cases in Floyd County and a heavy Civil and Domestic docket as well. This case load will be lessened, to some extent, by the creation of Superior Court 3 which goes into effect January 1, 2009. With that being said, it is still my priority to individualize every case in my court. We begin our court promptly each morning and have extended hours on Wednesday and Thursday. Superior Court has a staff with a combined experience of over 50 years and an Adult Probation Department with a combined experience of over 65 years. I believe it is this experience that best addresses the needs of the public and ensures the court runs efficiently. For the past four years I have been working to that end and I will not rest until each person who walks into the courtroom is given individual attention, an opportunity to be heard and justice.”

3) What unique contribution will you make to local office?

“With my experiences as Chief Deputy Prosecuting Attorney and a Civil lawyer, I bring a view of fairness, humanity and strength to the office of Superior Court 1.

“As Judge of Superior Court, I have presided over every type of criminal matter from Thefts to Crimes Against Children to Capital Murder. My extensive trial and criminal experience make me uniquely qualified to continue to preside over our Court and its heavy caseload.

“As Judge of Superior Court, I work with Federal, State and Local agencies. I have personally, successfully managed the Court's budget every year. Expenses are at a minimum. We have obtained grants from the Indiana Supreme Court to defray operating costs. Our Adult Probation Department is primarily funded from offender user fees. And, we utilize both treatment and punishment programs which are paid for by the offenders themselves at a savings to our taxpayers.”

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?

“Illegal immigration does not come under the jurisdiction of State Court, only Federal.”

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 do not need training wheels, I do the training. The NDAA, IPAC and the State Court Administration chose me as an instructor for other attorneys, prosecutors and newly appointed judges. As a former prosecutor, I have been lead attorney in innumerable jury trials. And, in over 15 years in prosecution, I have not lost a jury trial.

“As a former prosecutor, I have successfully convicted Defendants of crimes against citizens of Floyd County including, murder, burglary, and child molesting. I assisted in prosecuting a death penalty case. And, as judge, I presided over a death penalty case.

“With Community Corrections, we have partnered to create an innovative new program that addresses the needs of those with mental health issues, getting those who are eligible, out of the criminal justice system and on to a mental health track. We are in the process of creating a halfway home for women so they may get back on their feet and reunited with their families.

“This year, Community Corrections has integrated the GPS system into their Home Incarceration tracking units. This new program tracks defendants and protects the community with state of the art technology.”