Judge candidates Lamb, Salzmann on making courts more efficient, night court

The Herald-Times presented three questions to Republican Carl Lamb and Democrat Emily Salzmann, candidates for Monroe Circuit Court judge in the Nov. 8 election. Salzmann is a graduate of IU Maurer School of Law, a partner in Salzmann Law LLC, has served as judge pro tempore numerous times and has held leadership roles with the Monroe County Bar Association. Lamb is a local attorney with a practice, Carl Lamb and Associates, a Marine Corps veteran, a graduate of the IU's law school and has worked as the Monroe County attorney.

A recent study of the court system showed that cases, civil and criminal, linger much longer than they should, often for years. The county-commissioned report suggested ways to move cases along more quickly. How would you go about making the court system more efficient in this regard?

Lamb: All courts should use case management plans, which would set out a specific schedule for the progression of a case from filing to the trial date. Trial Rule 41(E), failure to timely prosecute cases, should be used and followed closely. That way, if case management plans are not being followed, the courts have the ability to dismiss the cases that need and should be dismissed. Attorneys and staff are more likely to move the cases through quicker if they know judges will be adhering closely to a strict and firm, but “fair” schedule for case progression.

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In the post-COVID era, I would continue to use virtual hearings as much as possible. In particular, I feel that virtual pretrial conferences are a must. It helps attorneys with their daily schedules, as well as litigants, when they are required to attend. Virtual hearings save time and costs.

Salzmann: The report identified two strategies to reduce the number of continuances and reduce the time it takes for cases to be resolved. Though the report evaluated both criminal and civil courts, its recommendations applied more to the criminal justice system in Monroe County.

Those two strategies were to have the court implement a four-step process to analyze reasons for delays and how to control them and to implement a differentiated case management system. Both of these suggestions would likely serve to reduce the length that cases are pending in our local courts. However, both of these suggestions also involve coordinated evaluation and action among the Board of Judges. The newly elected Judge will be just one of nine on the board and must work collaboratively with that body to make changes to the administration of justice in this community.

That same study suggested that the establishment of a night court system in Monroe County is a good idea. What do you think of the possibility of extending court hours past 4 p.m., as a way to assist plaintiffs and defendants who have day jobs and as a way to unclog the slow courts?

Lamb: I am a strong supporter of night court. In the Criminal Justice Study, it points out several purposes for a night court: capacity to hear cases, increased public access to the courts, help reduce backlogs and delays and reducing the need to build more courtrooms.

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The primary benefit in having a night court would be to improve the services that the courts provide to the public by increasing public access to the courts. It would allow individuals to have access to the clerk’s office without taking time off work to do so. It would also reduce the stress on the courts during normal business hours.

People cannot afford to miss work. In some cases, even if for court proceedings, individuals face the possibility of losing their job, but definitely a loss of their income. Small Claims court should have both a day and night court. By creating a night court, not only are we providing a legitimate service to the people, but we are providing a solid benefit to the overall operation of the court system.

Salzmann: The report recognized a night court as an issue that could not be adequately addressed for implementation in the immediate future due to its complexity and the budgetary limitations of the county.

While a night court could provide additional hearing hours in criminal cases, it would also fiscally impact the budgets of the Sheriff’s Department, the Prosecutor’s Office and the Public Defender’s Office. The private defense bar would also need to be consulted. The Board of Judges would need to work cooperatively with these stakeholders.

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The court’s budget would potentially be impacted by additional hours or court staff including probation officers, court reporters, bailiffs, guards and court services personnel. Keeping the courthouse open and operating at night would require additional funding from the Monroe County Council. If these hurdles to the implementation of a night court can be addressed, a comprehensive look at how many individuals benefit from its implementation is also needed.

What qualifications and experience make you the best choice for this Monroe Circuit Court judgeship?

Lamb: I joined the United States Marine Corps at age 17. After four years serving our country, most of that overseas, I moved to Monroe County 44 years ago. I am the father of six children and have eight grandchildren. I have been with my wife, Angie, for 32 years.

My career has spanned over 38 years as a practicing trial attorney, I know when someone needs a second chance, be it mental health treatment or a lighter sentence, or if they need to remain incarcerated for the safety of the citizens of this community.

My law practice has been primarily based in Bloomington since June 1984. Early in my career, I had multiple opportunities to sit as a Judge Pro Tem. I have been involved with thousands of civil and criminal cases. In addition to state court actions, I have practiced before the federal courts, primarily bankruptcy law in the Southern District of Indiana. In addition, I have practiced before the California courts and was invited to argue a criminal case before the 5th Circuit Court of Appeals in Orlando, Florida.

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I have created several non-profit organizations, which have raised over $500,000 that has benefited cancer organizations. I have provided countless hours of free legal services to hundreds of people in this community.

I have the needed experience and judgment to be the judge Monroe County needs at this time. I am the most experienced trial court judge candidate ever to run for judge in this county.

Salzmann: I bring judicial experience to my candidacy. For 47 times, I have had the experience of presiding in a Monroe County Courtroom, affording the parties an opportunity to present their cases, applying the law and making legally sound decisions. Four different courts have appointed me to serve as a judge pro tempore when the regular judge was unavailable. I have repeatedly demonstrated a respectful judicial temperament and made impartial decisions.

Because of the amount of time I have served on the bench as judge pro tempore, I have had ample chance to familiarize myself with the tools judges use to administer their cases. The advent of electronic case management and e-filing has brought with it a mandate that judges use special software to handle their cases both on and off the bench. I know how to use this software and I would not have the same learning curve as someone without this familiarity.

I also bring a history of diverse cultural experience to my candidacy. My parents enrolled me in a Spanish Language Immersion School starting in kindergarten. My classmates and I were taught and spoke only Spanish. At this young age and continuing through graduation, I understood and appreciated other communities as if my own. My fluency in Spanish has allowed me to assist and contribute to the Hispanic community throughout my life, including my legal practice. I am committed to bring these values of inclusion and diversity to the bench.

This article originally appeared on The Herald-Times: Who will be Monroe County's new judge? Carl Lamb or Emily Salzmann?