Pubdate: Sun, 12 Aug 2012
Source: Evansville Courier & Press (IN)
Copyright: 2012 The Evansville Courier Company
Contact:  http://www.courierpress.com/
Details: http://www.mapinc.org/media/138
Author: Mark Wilson

METH EPIDEMIC FORCES VANDERBURGH SUPERIOR COURT TO SHUFFLE JUDGE'S DUTIES

EVANSVILLE -- Vanderburgh Superior Court's seven judges will change 
the way the court operates to better address issues largely linked to 
a rising tide of methamphetamine abuse in the county.

Chief Judge Mary Margaret Lloyd said the changes will begin in 
September. She said they are designed to resolve two main problems: 
How to better handle cases involving substance abuse and addiction 
issues and how to address a backlog of paternity cases in a Juvenile 
Court strained by a growing number of other cases.

Lloyd said the changes will involve a significant restructuring of 
the way Superior Court has operated for several decades.

"We have been exploring these changes since January," she said. "We 
want to keep what has worked and change what needs it."

One of the busiest courts in the state, there are seven elected 
Superior Court judges. In addition to Lloyd and Trockman, they are: 
Richard D'Amour, David Kiely, Brett Niemeier, Robert Pigman and 
Robert Tornatta.

Assisting the judges are five magistrates appointed by the Superior 
Court judges to help preside over cases. They are: Sheila Corcoran, 
Renee Ferguson, Allen Hamilton, Jill Marcrum and J. August Straus.

Currently, six of the seven judges take turns presiding over cases in 
its criminal, civil and domestic relations divisions on a regular 
basis, with assistance from the magistrates, while Judge Brett 
Niemeier and Magistrate Renee Ferguson preside over Juvenile Court matters.

However, the restructured court will have two civil divisions and two 
family divisions, Lloyd said, with four judges taking turns presiding 
over cases in those divisions, including the paternity cases 
previously all handled by Juvenile Court.

In addition, Pigman will handle all of the felony criminal cases 
filed in Superior Court, except those involving drugs and alcohol. 
Those cases will be presided over by Trockman.

Misdemeanor, traffic and small claims cases will continue to be 
handled by magistrates.

Trockman, who pioneered the creation of a drug court and other 
problem-solving court programs in the county, said that the courts 
have been slower than law enforcement to respond to the methamphetamine crisis.

"The court has never made a significant effort address this meth 
problem in Vanderburgh County and this would be a significant way to 
do that," he said.

Trockman oversees the county's forensic diversion and re-entry court 
programs while Kiely oversees drug court and a veterans drug court.

However, only a small percentage of drug cases are handled by those 
courts. Many more are handled through Alcohol Probation Service and 
Drug Abuse Probation Service programs overseen by Circuit Court Judge 
Carl Heldt.

Under the new system Trockman will oversee all of the Class D felony 
cases -- including those that originated in Circuit Court -- 
involving drug or alcohol-related charges. Kiely -- who is running 
unopposed for Circuit Court judge to replace Heldt, who is retiring 
- -- will join him in overseeing that effort while continuing to work 
with the drug and veterans courts.

With Vanderburgh County continuing to struggle with methamphetamine 
use, it just made sense to use Trockman's experience more fully, Lloyd said.

"By having these kind of cases with a specialized alcohol and 
addiction treatment judge, the hope is to address the problem early 
and get it resolved," she said.

It will also provide consistency in the way drug and alcohol-related 
cases are handled, Trockman said.

"We really think we are developing a much, much more comprehensive 
method of dealing with this problem," he said.

The changes will help alleviate issues in Juvenile Court too, Niemeier said.

He said the number of Children In Need of Services (CHINS) cases has 
exploded in the past decade, increasing from 255 in 2000 to 819 in 
2010 -- a 221 percent jump. At the same time, juvenile delinquency 
cases increased more than 85 percent, from 363 in 2000 to 674 in 
2010. The number of paternity cases rose from 595 in 2000 to 882 in 
2010, a 48 percent increase.

Overall, the weekly number of Juvenile Court session has increased 
from 10 to 24, Niemeier said.

"We don't believe those numbers are going to change much. If 
anything, they are going to increase because of the continuing drug 
problems," Niemeier said. "There is no way that our old system could 
handle those kinds of numbers."

CHINS cases involve children who are removed from unfit homes by the 
Indiana Department of Child Services.

"Those are kids found living in meth houses. That is the number one 
reason," Niemeier said.

Those cases create extra demands on the court because Indiana law 
requires an initial court hearing within 48 hours of a child being 
removed from a home, he said, and a full hearing within 60 days. The 
number of sessions for hearing CHINS cases has gone from once a week 
to five times a week, Niemeier said.

Although those deadlines are met, the cases don't always receive as 
much time as Niemeier would like to give them.

"We are trying to meet the newest needs in the community," he said. 
"This is going to allow us to give those cases their due."

Also, because CHINS cases are required to take priority, Niemeier 
said paternity cases often take longer to resolve. With four judges 
handling paternity cases, they should move much faster, he said.

"That is going to help mothers, and fathers too, trying to get child 
support," he said.
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MAP posted-by: Jay Bergstrom