TERRE HAUTE — Both candidates for Judge of Vigo County Superior Court Division 5 say the top issues of the court include funding for the drug court program and efficient disposition of cases on the court’s packed docket; but the two differ on whose experience best matches those challenges.
Daniel W. Kelly, Republican, said he thinks his experience as a trial attorney for 20 years as well as a deputy prosecutor makes him the best candidate. He also states that his legal experience is broader.
Kelly, 47, states that he has nearly twice as many years of experience as Democratic challenger Michael Rader.
Rader, 57, has been practicing law for more than 11 years, and has been a practicing physician for 32 years.
Rader says he has more life experience and professional experience on both the medical and legal side of addiction — a primary component of the drug court program housed in Division 5.
“I think I have a wealth of life experiences,” Rader said. “I’ve taken care of people with addictions. I’ve treated people with addictions. I’ve dealt with the families of substance abusers and the families of alcoholics. I’ve seen the kind of devastation it can wreak on families, and I’ve literally seen children orphaned when Mom and Dad go to prison.
“I’ve seen it in a very personal, intimate kind of way, but I’ve also practiced law,” Rader said.
For Kelly, the drug court is a key element of Division 5.
Kelly said, “I spoke with a young lady recently who stopped me on the street and asked what I intended to do with the drug court, if I thought that was a good thing or not, and I told her I thought it was a wonderful thing … This woman volunteered that that program had completely turned her life around; she’s a professional person, well-educated, and her life was a mess. There are a lot of stories like that.
“I would like there to be a high percentage of those stories,” Kelly said.
The issue of funding for the drug court has given both candidates pause.
Kelly said, “I know there are some financial challenges to keep [drug court] afloat, and there have been some funding cutbacks that [sitting] Judge [Barbara] Brugnaux has had to deal with … dealing with the challenges of funding will take whoever the judge is a lot of time and attention and effort.”
Brugnaux, who was defeated in the May primary election, founded the Division 5 drug court program in 1996. In its first 10 years, the program saved taxpayers $3 million.
Rader said, “There are issues that relate to obtaining funding for drug court that certainly will need to be addressed … but I think funding is an issue across the board for local government. I intend to become more familiar with that once we’re past the election.”
Rader added, “I think it’s a little presumptuous at this point to be involved with issues of funding.”
Rader said another priority for the court is “having a smooth and uneventful transition from a sitting judge who’s been present for some years to a new judge who may have different ideas, different viewpoints, a different way of conducting the business of the court.”
The other primary issue Rader named was the “critical problem” of jail overcrowding.
“It’s extremely costly to taxpayers, and it’s a huge burden on the Sheriff’s Department,” Rader said.
“One of the issues we have to deal with is how many people can we accommodate in our jail and how do we deal with them?” Rader said. “If it means making sure that everyone has their day in court promptly, then we need to do that. If it means in certain instances using some judgment and common sense about who should be incarcerated and who may be allowed out on strict probation, then we need to do that, but that’s why you elect a judge … to have common sense and to exercise judgment.”
Beyond that, Rader said he did not want to presume to suggest changes to the court.
“That’s a very difficult thing to say until you’ve had an opportunity to see day to day exactly what the demands are in the court, and I think until I’ve had an opportunity to really do a careful assessment about the court’s workload, the kinds of cases that are coming through, and the demands that are being placed upon the court, I’d have some difficulty being very specific about what changes I’d want to make,” he said.
Kelly said he sees the court as having two broad priorities.
“Dispensing justice on the court’s very busy civil docket as fairly and efficiently as possible, and at the same time using the court’s powers on the criminal side to help force substance offenders to receive rehabilitation or suffer the consequences if they don’t choose that option. That sounds harsh,” he said, “but I do think that court offers an excellent opportunity for rehabilitation and I think a lot of people over the years have taken advantage of those options.”
Kelly said he hopes to keep the business of the court moving efficiently.
For civil cases that the judge takes under advisement, Kelly said he intends to “make a practice of ruling on [such cases] real promptly while the facts and everything are still fresh in my mind. I think that’s a challenge in that court because of the volume.”
In general, Kelly said, “You can have the most capable, competent judge there is, but I think it’s always important to be respectful to everybody that appears in that court, no matter who they are and what they may have done, and I would always want, whether civil litigants or criminal defendants, to rest assured that the disposition of their case will have absolutely nothing to do with the judge or the judge’s biases or mood or any of those other factors.
“It will be my best ruling based upon the facts and the law,” he added.
Rader said, “It’s my view that the court is there to serve the community in a very broad sense … not that we’re there to please the community always, because sometimes judgments and issues that come up don’t please everyone, but I’m saying the court is there to be open, accessible and available to the public, and we’re there to be fair and impartial, and we’re there to carry out the business of the court.”
He added, “Frankly, I’ve got a little more gray than my opponent, and I would hope that as long as I’ve lived that I’ve developed some measure of common sense and an ability to make decisions that make sense.”
Kelly said, “I’ve had a very general practice for a long time, and there are a lot of different kind of cases I’ve handled. I think I’ve been practicing about twice as long as Mike [Rader] and a lot of the time he’s been practicing, he’s been practicing medicine, too, and so his time is divided.
“I honestly think I am better prepared for the work of that court,” he said.
Deb Kelly can be reached at (812) 231-4254 or deb.kelly@tribstar.com.
Election 2008
October 4, 2008
ELECTION '08: Vigo County Superior Court Division 5
- Election 2008
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Vigo County election results
More than 44,000 ballots were cast Tuesday of the nearly 80,000 registered voters, giving Vigo County a 55.76 percent voter turnout. Voters who cast provisional ballots have until noon Nov. 14 to show proper identification in the clerk’s office. Members of the Election Board will certify the results by the end of Nov. 14.
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Obama triumphs, will be first black U.S. president
Barack Obama swept to victory as the nation’s first black president Tuesday night in an electoral college landslide that overcame racial barriers as old as America itself. “Change has come,” he told a huge throng of jubilant supporters.
- Ellsworth downs Goode in District 8 In a strong Democratic election year, U.S. Rep. Brad Ellsworth was re-elected Tuesday to a second term as the 8th District congressman representing southwestern and western Indiana.
- House District 44: Former Greencastle major wins A former Greencastle mayor will head off to the Statehouse come January, and she said Tuesday night she’s ready to go.
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YOUTH VOTE: Sarah Scott students elect Obama, Daniels
Tribune-Star
Students and staff at Sarah Scott Middle School voted to make Barack Obama president and Mitch Daniels governor during a mock election Tuesday. - Vigo picks presidential winner again Vigo County voters chose Democrat Sen. Barack Obama as president, maintaining its status as a “bellwether” county, picking the winner in every presidential election since 1892 with only two exceptions.
- Harrison Township opts to keep assessor Voters in eight precincts in Harrison Township opted to retain a township assessor under a referendum vote on Tuesday’s election ballot. That’s was good news to Mick Love, who will retain his elected seat as Harrison Township assessor. The final tally on Public Question No. 1 was 6,587 for a “yes,” which would remove the office, to 9,506 for “no” which would retain the office.
- House District 46: Tincher pulls out win The race between Democrat incumbent Rep. Vern Tincher and Republican challenger Bob Heaton for the Indiana House District 46 seat went down to the wire Tuesday night, with Tincher pulling out a win.
- Republican Daniels wins 2nd term as Indiana governor Republican Mitch Daniels defeated former Democratic congresswoman Jill Long Thompson on Tuesday to win a second term as governor, but he may need a supply of olive branches to advance his agenda if Democrats retain control of the Indiana House.
- House District 45: Borders wins close race The Indiana House District 45 race between incumbent Republican Bruce Borders and Democrat Rick Marshall was too close to call for much of the evening Tuesday, with the final outcome apparent near midnight.
- House District 43: Kersey remains in seat Rep. Clyde Kersey, D-Terre Haute, will remain in the Indiana General Assembly for another two years, as the 12-year incumbent defeated Republican challenger Ryan Cummins for the House District 43 seat.
- Clay County's turnout one for record books Clay County’s voter turnout was one for the record books, officials said Tuesday evening.
- Parke County incumbents retain their seats Parke County incumbents retained their seats in Tuesday’s election. Republican County At-large Councilmen Dale Gerrish and John Pratt will be joined by fellow Republican J.B. Butler, a newcomer who received more votes than Gerrish and Pratt. The three GOP candidates won over the three Democrats in that race.
- Nearly 64 percent of registered Vermillion voters cast ballots Vermillion County voters turned out in big numbers Tuesday to hand victories to Democrats up and down the ballot. Nearly 64 percent of registered voters turned out in the mostly rural county, which includes the towns of Clinton and Newport.
- Sullivan County votes Repbulican in national election For the second time in its traditionally Democratic history, Sullivan County voted Republican in the national election. Overall, Democrats saw unexpected upsets, incumbent Republicans lost a few offices, and voter turnout here was exceptionally high, as expected.
- Indiana State students await impact of their votes Ashley Roce sat in the Cunningham Memorial Library eating pizza with her friends, waiting to see the impact of her first vote in a presidential election.
- Indiana transplants watch from east coast Indiana has done what couldn’t have been predicted in 2004: It has gone Blue — and by so doing, the Hoosier state has broken its 44-year tradition of being a Red state, and helped put a Democrat in the White House.
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Voter turnout in Clark County, Ill., highest it's ever been
Voter turnout in Clark County, Ill., was the largest it has ever been, but it wasn’t as high as County Clerk Bill Downey had hoped for.
- Presidential election turnout down in Edgar County Despite an increase in registered voters for Tuesday’s election, turnout was lower than the last presidential election in Edgar County, Ill.
- Incumbents easily win school board seats Three Vigo County School Board incumbents readily won re-election Tuesday. In District 1, Mel Burks and Jackie Lower retained their seats, defeating Larry Faulkner. In unofficial results, Lower had 24,321 votes, Burks, 19,253, and Faulkner, 11,383.
- Democratic Commissioner Mason gets another four years Vigo County voters on Tuesday returned Democratic Commissioner Paul Mason for an additional four-year term as one of the county’s top executive officials.
- Rader wins Vigo judge Superior Court Divisioin 5 The winner of Vigo County judge for Superior Court Division 5 is Dr. Michael Rader. With 23,636 votes, or 56 percent, Rader defeated Republican challenger Dan Kelly, who earned 18,216 votes, or 44 percent. Totals are unofficial results from the Vigo County Election office.
- Allsup defeats Royer in Vigo Recorder race In a night that was friendly to Democrats, Nancy Allsup won the office of Vigo County Recorder, defeating Republican Bruce Royer. Allsup, with 26,486 votes, or 65 percent, celebrated her victory Tuesday night with friends and family at the Paradise Pavilion in West Terre Haute.
- Mansard wins another term as Vigo County clerk Democrat Patricia “Pat” Mansard has won another term as Vigo County clerk. Mansard, who has served as county clerk for 20 years, was busily working Tuesday night to finish up election results, but she took a minute to savor her win.
- FINAL: VIGO COUNTY ELECTION 2008 RESULTS Final election night results from Vigo County
- FINAL: VERMILLION COUNTY ELECTION RESULTS 2008 Election results from Vermillion County
- FINAL: CLAY COUNTY ELECTION 2008 RESULTS Election results from across Clay County
- FINAL: PARKE COUNTY ELECTION 2008 RESULTS Election results from Parke County
- FINAL: SULLIVAN COUNTY ELECTION RESULTS 2008 Results from Sullivan County
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NEW: Vigo County’s election record cited by Karl Rove
Karl Rove, the man credited with orchestrating President George W. Bush’s two successful campaigns for the presidency, reportedly singled out Vigo County as a place to watch tonight when election returns start coming in.
- More Election 2008 Headlines
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