LaPorte Superior Court #3 Judge
(From two sites on the Indiana Judicial Website)In Indiana, there are three different kinds of trial courts: circuit courts, superior courts, and local city or town courts. Though these courts have different names, the trial courts are actually more alike than they are different. Trial courts have different names primarily due to accidents of legislative history and local custom, not true differences in the nature or purpose of the courts. The cases these courts hear can vary tremendously from county to county.Superior Courts, created by the Indiana General Assembly, have jurisdiction that generally overlaps with Circuit Courts but can be tailored by the legislature based on local needs. Some have specialized divisions, such as small claims or family law, which impact the types of cases they handle. Unlike constitutionally mandated Circuit Courts, Superior Courts exist only where authorized by the legislature, and their jurisdiction can be modified more easily.Types of Matters AddressedCircuit Courts oversee major civil litigation, including contract disputes, personal injury claims, and real estate conflicts. They handle significant criminal cases, particularly felonies, which require jury trials and extended judicial oversight. Probate matters, such as estate administration and guardianships, also fall within their jurisdiction, along with family law issues like divorces and child custody proceedings. Their broad authority stems from their constitutional foundation.Superior Courts, while possessing concurrent jurisdiction, often take on specialized caseloads. Some have dedicated small claims divisions handling disputes up to $10,000, allowing for expedited resolution. Others feature family law divisions that focus exclusively on domestic matters, including paternity determinations and child support modifications. Drug courts and problem-solving courts, which prioritize rehabilitation over incarceration, are frequently housed within Superior Courts, reflecting their adaptability to evolving judicial needs.
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Kurt Earnst
(Rep)
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James Macalka
(Dem)
What do you perceive as the greatest obstacles to justice, if any?
How could the costs of judicial administration be reduced? Can you give us a specific example of
how you have reduced costs in your law practice/court?
Have you ever been disciplined by the bar association or the state commission on judicial
conduct?
Describe your educational and work experiences that qualify you for this position.
List two items or issues that you see affecting your constituents and propose how you will address each of them.
Occupation/Background
I have been a trial attorney representing clients in the various Federal and State Courts of Northwest Indiana since 1996. I was with the firm of Braje, Nelson & Janes for 28 years and currently represent indigent defendants in Federal Court. I served 26 years as a Public Defender in LaPorte County and was a founding team member of the LaPorte County Veteran's Treatment Court Program.
Campaign phone
219-877-7800
Judges interjecting their own beliefs into the litigation instead of allowing all parties to have their arguments fully and fairly heard. Not timely ruling on matters is also something that is contrary to serving justice to the parties and their disputes.
Holding parties accountable and avoiding the delay of resolving matters that comes from numerous and unwarranted continuances. Proper coordination between courts to ensure uniformity of treatment of parties on similar matters within the same jurisdiction.
NO
I graduated from Purdue University with a BA in 1992 and from Valparaiso University School of Law in 1996. I was with the law firm of Braje, Nelson & Janes in Michigan City for 28 years being a partner for over 20 years. For the past year and a half, I have been employed by a not-for-profit corporation that provides legal representation to indigent persons in Federal Criminal Court.
My entire career has been spent as a trial attorney. I served 26 years as a Public Defender in LaPorte County representing those charged with offenses ranging from Murder, Robbery and Drug offenses to OWI and Theft matters. I have also represented Clients before the Indiana Supreme Court as well as the U.S. Court of Appeals for the Seventh Circuit.
Candidate has not yet responded.
Occupation/Background
Attorney, over 35 years; Former Deputy Prosecutor and current Felony Public Defender as well as private practice
Campaign phone
219-325-3305
Although not necessarily an obstacle but a requirement in the judicial system is ensuring the litigants, whether in criminal law or civil law, receive a fair trial and due process under the constitution. This requires patience and a deep understanding by the judge of the legal issues involved.
Both in the court system and in my own private practice, staff members and employees should be, and are expected to have, a good grasp and general knowledge of each other's job responsibilities within the workplace environment. This requirement will help decrease and reduce inefficiency if an employee is either absent, sick, or on vacation, so as to not slow down or bring to a halt the entire office or court process while waiting for the return of that employee.
Also, on a purely financial basis, in order to keep an office or the court from going in "the red," court staff, clerks, or office personnel need to be actively pursuing the collection of court costs or fees from individuals who have been assessed those. This will ensure smooth operation in handling court or office expenses since those offices have their own expenses as well.
No I have not.
As an attorney I have been practicing law in Indiana for over 35 years, over 30 years with my own law firm. I have done both civil and criminal litigation, in the State and Federal courts.
I have also been a felony deputy prosecutor for Laporte County and also currently a felony public defender in Laporte County in addition to my own private practice. In my private practice I have done both criminal and civil work.
That I also currently substitute for judges in Laporte county when they are unavailable, both in Laporte and in Michigan City, on a fairly regular basis when asked.
The two issues are as follows:
1. Mental Health Assessments and Substance Abuse Treatment. The court I am running for, Superior Court 3, is predominantly a misdemeanor court. Therefore, assessments and treatment should be offered proactively at the misdemeanor level in order to try to assist and prevent those individuals from continuing on the criminal path, where many are than later charged with felonies. In essence, reduce the recidivism rate.
2. Veteran's Court.
Laporte Superior Court 3 in Laporte County has exclusive jurisdiction over the Veteran's Court for individuals charged with crimes in Laporte County. It gives those individuals an opportunity to have their charges handled in a specific manner that includes substance abuse and mental health treatment for those former active-duty veterans that need assistance.
I have also presided over that court when asked.
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