Q&A with Dubois County Superior Court Judge candidates John Birk and Anthony Quinn

The Dubois County Superior Court was created to supplement the Dubois County Circuit Court. Judges are elected for six-year terms.

The Superior Court has equal jurisdiction with the Circuit Court. The Courts have divided criminal cases by agreement. The Superior Court handles the following types of criminal cases: arson, theft, home improvement fraud, drug cases, alcohol cases, offenses against public health, order and decency, gambling, prostitution, racketeering, gang control, obscenity, stalking, and conservation violations.

Superior Court also handles all traffic offenses, small claims matters and administers a problem-solving drug court. Circuit and Superior Court both handle any type of civil litigation, divorce, paternity, and child support enforcement matters.

Dubois County Prosecuting Attorney Anthony Quinn (Rep) is seeking the position. He is serving his eighth year as prosecuting attorney. Earlier this year, he announced he was switching party affiliation from the Democratic Party to the Republican Party.

John Birk (Dem) has operated Birk Law Offices since 2012.

Here are the questions. (All answers are as written by the candidates with light editing for grammar and layout.)

Are there concerns or issues you would like to address within the local criminal justice system through your position as a Superior Court Judge if you are elected?

Birk — I intend to closely review plea agreements before approving them to ensure that 1) the state has had adequate resources to take the case to a jury trial and the prosecutor has not entered the plea agreement simply to avoid the effort required for a jury trial, and 2) the defendant is fully informed and has a competent attorney to take the case to a jury trial if defendant wanted.

Quinn — As Superior Court Judge, I will continue to advocate and facilitate any changes necessary to improve our justice system. As two-term elected prosecuting attorney, I have worked closely with all county stakeholders to implement local improvements. Currently serving as chair of our Dubois County Justice Reinvestment Advisory Council, we have reviewed the local justice system, found areas where our community was lacking and sought funding and resources to make improvements. The most recent result of our collaborative effort was to establish a full-time interpreter to assist not only the Courts but all county agencies. Inpatient treatment and recovery housing are two areas identified as needed locally. With the Dove Recovery House for Women opening soon and inpatient treatment services scheduled to be offered through community corrections, we are addressing those needs. Having served as a member of the Community Corrections Board of Directors for the past 8 years and being President of the Board for the last 2 years, I have had the opportunity to encourage the implementation of additional evidence-based programing to all participants. Superior Court Judge also serves and oversees the Drug Court. I helped establish Drug Court, and have been an active member over the last 12 years. I have seen the value and improvements it has made to so many participants. I look forward to continuing the program Judge Brown and Judge McConnell have established. As Superior Court Judge, I will continue to serve on many of these boards and remain proactive in addressing addiction issues.

What do you perceive as the greatest obstacles to justice, if any, in Dubois County?

Quinn — The only obstacle to justice locally is the time for which some cases take to get resolved. Some of that is due to the increasing caseloads of the Court, while some can be attributed to the parties involved. Both Judge Verkamp and Judge McConnell have recognized this and have taken steps necessary to apply for an additional court. If a third court is approved by the Indiana legislation, caseloads will decrease for both Courts. The saying “justice delayed is justice denied” comes to mind. Not only to the defendant awaiting trial but any victim involved in the case as well. As Judge, I will encourage the parties to keep the case moving and deny any unnecessary delays. It is important to note what the Superior Court Judge does. Superior Court primarily hears criminal cases involving drugs, alcohol, and traffic violations. It also has criminal jurisdiction over theft, disorderly conduct, arson, and a few other miscellaneous offenses. Circuit Court has exclusive juvenile jurisdiction and hears all CHINS matters and most property and crimes of violence such as child victim crimes, sexual assault, and domestic violence, to name a few. Superior Court also oversees small claims along with the occasional family law and civil matters. As Superior Court Judge, it is important to recognize who is in need of rehabilitation and serious about wanting to make the necessary changes and get them into the programming that will help them stay out of the justice system. It is also important to recognize those whose level of offense or criminal history does not warrant the same opportunity and hold them accountable for their actions by sending them to jail or prison. My extensive experience in Superior Court has prepared me to make those difficult but crucial decisions.

Birk — Allowing judges and judge candidates to accept contributions of money to their campaigns does not pass the smell test and ruins public trust and confidence in the courts. This is why I accept no contributions of money or materials, only working volunteers. The court must foster the public’s confidence in the rule of law and not allow its judges to accept money for her/his campaigns. A related goal for me is to continue the long line of Dubois County judges who are/were military service veterans, including Joe Verkamp, Hugo Chad Songer, Bill Weikert, Howard Lytton and current circuit court Judge Nathan A. Verkamp, who is a veteran of the 1991 Gulf War. These veterans were noted throughout the law business and southern Indiana to be informed, insightful and fair.  As veterans, each had learned that a foot is 12 inches, not 11 and 15/16.

What factors are considered in granting and setting bail amounts for defendants? What do you believe is the primary consideration? 

Birk — The Indiana Supreme Court rules require the judge to consider whether the defendant is likely to run from the law or is a danger to themselves, others or the public.  Of those, the defendant’s danger to others or the public is primary and includes the chance that the defendant will commit another crime while on bail.  The prosecutor has the burden to prove these matters that the defendant poses a danger to himself, others or the public or is likely to run. The judge is bound by oath and the law to follow all rules issued by the Indiana Supreme Court.  The judge has no alternative but to follow the rules even when the results are unpopular. This is when the judge is bound by her/his honor to choose the harder right over the easier wrong, particularly when the judge knows she/he will face the heat for enforcing the law. At West Point, I swore loyalty to an honor code requiring doing what is right when no one else will see or when the heat is on, and have not revoked that oath. 

Quinn — Indiana Rules of Criminal Procedure, Rule 26, which went into effect on 1/1/20, set forth the new procedure for determining bail. Under the rule, Judges are to first determine whether an arrestee presents a substantial risk of flight or danger to self or others. In doing so, judges are to utilize the results of an evidence-based risk assessment and such other information the court finds relevant. Dubois County has a pre-trial services team trained to conduct the assessment of the arrestee. In addition to that assessment, the Judge may consider many factors presented such as the nature of the offense, criminal history of the arrestee, ties to the community, and any other evidence presented by the prosecutor, arrestee, and arrestee’s attorney. The Judge will also consider whether the arrestee is already on pre-trial release, probation, parole or other community supervision. If the Judge determines that the arrestee is a flight risk or danger to self or others, a bail should be set. If the Judge does not find that conditions exist, the arrestee should be released without bail subject to any conditions imposed by the Court. So as Superior Court Judge, I will review the assessments and consider all other factors carefully in making bail determinations. Public safety and the safety of the arrestee will always be the primary consideration.

To what extent have you practiced in the area of criminal law? Family law? Complex civil legislation? 

Quinn — I was sworn into practice law in the fall of ’98. I returned to Dubois County and have been practicing here for twenty-four years. Eighteen of those years I have served as deputy, chief deputy and the last eight as elected prosecuting attorney. As a full-time prosecutor, I exclusively worked in criminal law with most of those cases being prosecuted in Dubois Superior Court. During the other six years, I had a general law practice focused mainly on criminal defense and family law. I also have handled civil litigation representing both the plaintiff and defendant of various lawsuits. I have the experience of handling every type of case filed before the Superior Court Judge from both sides. Whether it be as the State or Defense Counsel, Counsel for the Petitioner or Respondent, Plaintiff or Defendant, I have handled them all. As a prosecutor, I handle anything from traffic infractions to murder. I have conducted jury trials as both prosecutor and defense counsel. In 2021, according to Indiana Trial Court Statistics, 928 criminal cases were filed in Dubois Superior Court. In addition, 84.9% of civil filings pertained to small claims matters, collections, and evictions, with only 0.9% or 11 cases relating to domestic relations with children. I have the proven leadership and experience to be your next Superior Court Judge.

Birk — In my 33 years, I have extensive experience in family law and complex civil cases. Criminal cases have comprised 20 percent of my case load throughout. My focus for the past 15 years has been in family law cases – custody, guardianship, paternity, abused/neglected children, adoption, child support, parenting time (visitation), and grandparent visitation. Prior, I represented and defended persons who had been wrongfully sued and had insurance to cover them.

What injustices have you witnessed in or outside the courtroom, and what was your response to those events? 

Birk — In these days, justice delayed could mean a family destroyed. I am concerned by the delays in getting into the courtroom imposed by the overcrowded dockets (and COVID effects) despite heroic efforts by current Judges Verkamp and McConnell, who relentlessly hold proceedings without lunch breaks, through after-business hours and taking no vacations. My response has been to work for resolutions through mediation and negotiation. 

I will push as hard as I am able to obtain a second superior court for Dubois County. Judges Verkamp and McConnell have made an impressive start and progress in working with the county commissioners and council to have another Dubois superior court created by the legislature.

Quinn — I have never witnessed an injustice inside the Courtroom. As an attorney, we are sworn officers of the Court and have a duty to ensure that all lawyers avoid conduct that undermines the integrity of the adjudicative process. We also have a duty of candor which prohibits us from making or allowing witnesses to make false statements. Members of the Dubois County Bar Association hold themselves to these high standards.

Something that has been noticed that could be considered unjust is the lack of mental health services, particularly inpatient facilities, within the State of Indiana. Statistically, as high as 50% of all incarcerated individuals have mental health issues. While I do not know the percentage locally, we also have individuals in our jail with mild to severe mental health issues. It is difficult for a jail or the judicial system to properly handle those with severe mental health issues. To address the statewide issue, the Indiana Supreme Court will be hosting a mental health summit on October 21st. As part of the local JRAC, I will be attending with county leaders to discuss with others from around the State the need for improved mental health facilities.