Q&A with Circuit Court Judge candidates

This year, Dubois County voters have two choices for Dubois Circuit Court Judge.

Democratic incumbent Judge Nathan Verkamp is being challenged by Republican Kevin Crouse for the seat on the Dubois Circuit Court.

The Circuit Court is the chief trial court in the county. In this court, those accused of criminal offenses, adult or juvenile, are convicted or acquitted. 

In Dubois County, the circuit court handles the following types of criminal cases: homicide, burglary, trespass, forgery, battery, kidnapping, sex crimes, robbery, misconduct, criminal mischief, perjury, crimes against public administration and weapons and violence charges.

Dubois Circuit Court has concurrent jurisdiction with Dubois Superior Court in all matters except traffic, small claims, probate, and juvenile.

Circuit and Superior Court both handle any type of civil litigation, divorce, paternity, child support enforcement matters.

The Circuit Court Judge serves a six-year term.

We sent a series of questions to both candidates and have included their responses below.

Nathan Verkamp

Why have you decided to run for Circuit Court Judge? Why should you be considered for the position?

I currently am the Dubois Circuit Court judge. I have found the position to be extremely rewarding. I have worked hard to foster a real tradition of fairness and access to all. I want to continue helping people each day. I have implemented many programs to do just that. We now have a comprehensive truancy court, to keep children in school, and a family court project, designed to foster co-parenting and cooperation for the benefit of our children.

There is a great group of people within the justice system right now who are dedicated to the betterment of Dubois County. I want to be a leader in that change by continuing to lend my knowledge, experience, and common sense.

What do you perceive is the greatest obstacle to justice, if any?

It is my belief that we should always be striving to improve the lives of people by giving them a hand up, not a hand out. The greatest obstacle to achieving this within the justice system is access to services. The Dubois County Community Foundation has been spearheading a committee designed to identify shortcomings within our community with respect to access to services. The goal is to ultimately find ways that the system partners can collaborate, pool resources, and provide quality substance abuse and mental health counseling to our most vulnerable population.  

While serving on the bench, do you believe you have a role in bringing important legal or judicial issues before the public or the legislature? Why or why not? What should your role be?

I am firmly committed to educating the public about important legal and judicial issues. For the past five years I have served on the Indiana Judges Association’s Criminal Law Policy Committee.  We make recommendations to the legislature on many important issues involving the criminal justice system. Without knowledge and understanding, it is impossible to make informed decisions to effect positive change.

What is your vision for the future of our judicial system: What changes would you advocate and why?

I have learned from the law and life that respect, empathy, fortitude, and humility are musts. I’m running because I care about ensuring our courts keep the our community safe and uphold the rule of law. I have worked hard to build a reputation as a Judge who adheres to the principles of law and order. To that end, I believe that judicial temperament and consistency are essential to promote confidence in the judicial system. Fairness is essential. I have the knowledge of the law, experience — both in the courtroom and in life — coupled with common sense to apply it.  

What is your general judicial philosophy?

Fundamental fairness dictate that all litigants have access to similar programs and services. The current system of funding the courts and services is inefficient and unfair. By that I mean your ability to access services may be dictated by where you live or what court you find yourself. The State of Indiana needs to take a long hard look at how the courts and services such as legal aid are funded. 

Currently, the county is charged with funding court functions and services leading to inequities. It is time for the State to step up and take ownership. This would alleviate the financial burden on the counties and make services available to all Hoosiers regardless of our address.

Also, the courts are about people and not politics. Indiana is one of the minority of states that still has a partisan election for trial courts. The judiciary should reflect the demographics of the population it serves. A nonpartisan selection process would better meet the judiciary’s constitutional charge that courts remain independent, fair, and impartial.

In January, Criminal Rule 26 went into effect in Indiana. What are your thoughts on the rule and what is your personal philosophy or practice for setting bond amounts?

Indiana Supreme Court made Trial Rule 26, Pretrial Release, a requirement beginning January 1, 2020. It is designed to keep the right people in jail for the right reasons by making informed decisions using evidence-based practices with a goal to maximize community safety, maximize release, and maximize return to court. 

I am part of the committee who has been tasked with implementing the pretrial release program in Dubois County.  We are committed to a pretrial system that is fair, not based on ability to pay, but instead is based on the assessment of objective factors relevant to public safety and court appearance. I believe we have been very proactive in formulating a pretrial system that reduces harm, protects the public from those who pose a danger to the community, while reducing the detention of those whose risk to public safety may actually be increased as a result of pretrial detention.

Kevin Crouse

Why have you decided to run for Circuit Court Judge? Why should you be considered for the position?

I want to serve the people of Dubois County, and I believe that the best way for me to do that is as Circuit Court Judge. As judge, I would be open-minded, patient, and free from bias when deciding cases. I would consider all sides of a case before making a decision. It is important to have a fair and impartial justice system. 

Having been an attorney for nearly 30 years, I have handled the types of cases that are heard in Circuit Court. Also, when serving as Prosecuting Attorney I made judgments involving the law on a daily basis, similar to a judge. The experience gained as prosecutor is one of the reasons that many prosecutors become judges. 

As your judge, I would do everything that I could to protect your peace and civil liberties and to defend your constitutional rights.  I believe that my broad range of experience, as an attorney, in business, and in life, would serve me well as judge.

What do you perceive is the greatest obstacle to justice, if any?

Access to justice is important because it enables a person to protect their rights and to have their voice heard. One barrier to access to justice in civil cases is an inability to afford an attorney.  In criminal matters, an attorney will be appointed if a person cannot afford one, but that is not generally the case in civil matters. These cases concern issues such as family law, child custody, protective orders, foreclosures, and debt collection. Not having representation in those types of cases can have a significant impact on a person’s life. More resources are needed, keeping in mind that we should be vigilant in ensuring that those resources are directed to people who are truly in need. 

Justice should be impartial and non-discriminatory. As judge I would work to make sure that people are treated fairly and their cases decided on the merits. The Indiana Judicial Conference has developed a strategic plan to address changes intended to improve the justice system and to make it more fair. One goal of this plan is to improve access to justice for all persons. As judge, I would work to help implement this goal.

While serving on the bench, do you believe you have a role in bringing important legal or judicial issues before the public or the legislature? Why or why not? What should your role be?

Judges can play an important role in educating the public about the law and in raising awareness about significant issues affecting society, such as child abuse prevention. I look forward to working with the public in this role and helping Dubois County become an even better community in which to live. Judges can also play a role in improving the law and the judicial process. If I identified any improvements that could be made I would work with the legislature or appropriate agency to help enact those changes.

What is your vision for the future of our judicial system: What changes would you advocate and why?

People suffering from mental illness or drug addiction issues often become involved in the criminal justice system because we have no other way to deal with them. Although significant efforts have been made to develop programs to attempt to rehabilitate such persons, even more needs to be done.  Problem-solving courts, such as our drug court operated under the guidance of Superior Court, seek to address the underlying problems that contribute to criminal behavior.  There are other types of problem-solving courts, such as those that involve persons suffering from mental illness and ones that accommodate veterans and the challenges some of them face as they attempt to re-enter society, that we should consider implementing. 

Also, a number of years ago certain court hearings were conducted by teleconference, and many counties do so today.  Using audio-visual technology to conduct certain hearings could be more efficient and cost-effective as it would lessen the number of prisoners the sheriff’s department needs to transport between the jail and the courthouse, and it could increase public safety by keeping those persons at the jail, so I feel it is worth investigating whether such a system would be of benefit to us.

What is your general judicial philosophy?

Some judges decide cases based upon their personal leanings and try to legislate from the bench. I believe that judges should follow the law and the constitution. Justice should be impartial and objective. 

I took pride in the fact that as prosecutor I treated everyone fairly and equally. I will continue that practice as judge. As judge, I will render evenhanded, common-sense decisions. I will be neutral and unbiased and will serve all people. I will carefully consider the facts and evidence of a particular case and the applicable law before making a decision. I will work diligently to ensure cases are decided in a timely manner.

In January, Criminal Rule 26 went into effect in Indiana. What are your thoughts on the rule and what is your personal philosophy or practice for setting bond amounts?

Criminal Rule 26 states that, if an arrestee does not present a substantial risk of flight or danger to self or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court, with certain exceptions. The Rule is based on the idea that someone should not be kept in jail solely because they are unable to afford bail while someone else that committed a similar crime is free on bail simply because they could afford to post bond. I agree with the principle that this is unfair. 

Some of the factors I would consider when setting bond amounts include the type of crime charged, any prior criminal history, the person’s ties to the community, and the risk of flight or danger.  One important concern is keeping the community safe. As judge, I would work to ensure that we are keeping the right people in jail, the ones that should be there.

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