Welcome to the Posey Circuit Court
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Welcome to the Posey Circuit Court
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Gavel Gamut
by Judge Jim Redwine
“The 94% Solution”
For anyone out there who may have read last week’s column on Mediation and Plea Bargains in the Posey Circuit Court this is a continuation of that topic. I do know that Peg read it because I refused to get off the couch and clean the garage until she did. This week’s column may require dinner and a movie. Regardless of the location of the court, in America about 94 out of every 100 cases of all types are eventually disposed of without a trial. These outcomes include voluntary and involuntary dismissals, settlements and default judgments among others. Since we know that almost all cases will end without a trial, the goal is to achieve a fair non-trial resolution as quickly as justice allows. This saves the parties involved, and society in general, time, money, emotional damage and lost productivity. Also, while only about 6% of cases will require a trial, by more efficiently disposing of the other 94%, more time and effort can be devoted to achieving just results in those cases which must be tried in court. In the Posey Circuit Court, each court reporter has an area of responsibility. For example, Katrina Mann is primarily responsible for processing all probate and criminal felony matters; Synda Waters shepherds the domestic relation cases; Becky Rutledge oversees civil plenary matters; and Kristi Hoffman handles claims, assistant bailiff duties and guilty plea and sentencing transcriptions. Of course, each court reporter has many other duties and they work together to make sure the cases are serviced. When a new case is filed, the parties are instructed to meet as soon as possible at a pre-pre-trial and attempt to resolve all issues. Many of our cases are settled right then. But, if not, the court reporter sets up mediation for the parties with a certified mediator. This stage eliminates many other controversies before matters between the parties can worsen. Of course, the parties retain their right to their day (or days) in Court if these efforts are not effective. And by eliminating most cases from the court’s docket, the remaining cases can be tried sooner. Agreements are usually good, but justice is not to be sacrificed on the altar of expediency. Some cases must and should be tried. Even well intentioned people cannot always reach a fair resolution on their own. Also, some matters impact other people not directly involved in the case. For example, some controversies concern the public which has a right to be informed and, perhaps, involved. Matters involving environmental concerns, public safety and the expenditure of public funds come to mind. Because courts can be used to assuage injuries and redress grievances, I feel deeply honored to serve as a judge in our fair county. By the time a case gets to a judge to decide in court, the parties have usually gone through several attempts to resolve it without trial. Maybe they have tried for years to live with a situation as neighbors. Perhaps they have then discussed it themselves. Next, they may ask a friend or a clergyperson to help them alleviate the problem. Someone or all of them may seek advice from their family lawyer. If the attorneys cannot help get the matter resolved, a lawsuit may be filed. Then, after pre-pre-trials, mediation and repeated attempts to settle the case fail to put matters right, the parties go to trial and say, “Hey, judge, help us solve this problem.” Of course, almost all such cases end with people not fully happy as people usually prefer their own solutions. But, at least, they have a decision and can move on. And, after all, that is part of what judges get paid to do. As Alexis de Tocqueville said, “There is hardly a political [and many other type] question in the United States which does not sooner or later turn into a judicial one.” And that is generally a good thing or at least better than the alternatives. This 94% solution, i.e. the pre-pre-trial and mediation procedure, has been in place in the Posey Circuit Court for several years now. Its purpose is to help alleviate ill will, save time and money and, perhaps, to help in some way to make our county a more pleasant and productive place to live. For as we all know, ours is a rather small county where one often runs into people or their family and friends the next day after a disagreement has occurred. It is better to make a good faith effort to resolve problems than try to avoid all public places for the next few years. |
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