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IndyBar: Interrogatories

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By Tyler D. Helmond, Voyles Zahn & Pauls

Honorable Mark A. Jones
Marion Circuit Court
 

jones Jones

He is a graduate of Indiana University Bloomington and the Indiana University Robert H. McKinney School of Law. He was a staff attorney at the Indiana Supreme Court Disciplinary Commission, a chief counsel at the Indiana Attorney General’s office, a chief trial counsel at the Marion County Public Defender Agency, and a private practitioner before taking the bench as a master commissioner in Marion Circuit Court. He is Mark Jones, and he has been served with interrogatories.

What are your most favorite and least favorite aspects of being a trial court judge?

Most favorite is getting to see some incredibly good advocacy by various members of our bar, especially when it is done in the context of—yes, I’ll use the word—“civility.” It’s fun and an honor to be a part of a case in which well-prepared lawyers can “go at it” without getting personal with one another, who can vehemently disagree with each other but at the same time respect the other’s well-thought-out and presented positions. A close second would be the law geek in me getting to drill down into some issue I’ve dealt with either none at all or very little in the past.

 My least favorite is, probably, the opposite of the first: hearing a case with a lawyer who hasn’t prepared the case or hasn’t kept up with changes in the law. I understand well that a lawyer is frequently “stuck” with the facts his or her client may have created, but it is very frustrating — and frankly sometimes embarrassing — when there’s an apparent lack of effort to familiarize oneself with one’s own facts or the law, or both (and I’m not talking about the situation where someone is arguing for their reasonable interpretation of the law or for a change in the law).

Your duties include presiding over civil driver’s license litigation and requests for name changes. There seems to be a high rate of pro se representation in those areas. What is most challenging about handling cases with pro se litigants?

 I don’t know if it’s the most challenging, but at least one of the biggest challenges is ensuring the pro se litigants’ rights and access to the courts and justice without becoming their advocate. The trial rules and policies of the courts require that litigants file and present their own pleadings, motions and proposed orders, which are sometimes counterbalanced by the system’s needs to move and dispose of cases in order to make room for the next cases for the next litigants to be heard. The pro se litigant’s case frequently takes more time, whether it’s necessary for me to later prepare the final orders or, during a hearing, taking the time to advise the litigant what’s necessary for the case to get to the next step in order for him or her to be heard, without giving him or her legal advice and without me inserting myself as an advocate for one side or the other.

 The NCAA made a commercial several years ago that included a robed judge playing basketball. Who would be your number one draft pick from the Marion Superior Court bench?

I have no idea. Maybe Judge Shaheed for his height, Judge Rosenberg for his ability to “box-out.”

 What has been the most satisfying moment of your legal career?

Throwing Jim Voyles off track while he was questioning a witness during a deposition by slowly opening a Hershey’s kiss across the table from him. Kidding aside, it’s hard to pinpoint one moment given the fact I’ve been blessed to practice for so long in so many different capacities. Knowing that I’ve given something my best shot, whether it’s as a litigator or a judicial officer and whether I win or lose (or get reversed), I generally feel good about it (I still really liked to win as a litigator …) .

 Hypothetically, you’re wrongfully convicted of a crime and you serve 10 years in prison. You are released in downtown Indianapolis at 5:30 p.m. Where are you going for dinner?

Depends upon how much money was in my commissary fund and whether I’d received a settlement yet… Grecian Garden versus St. Elmo’s.

 What is your favorite flavor of Sun King?

Osiris Pale Ale, though admittedly I’m not familiar with all that Sun King has to offer.

 Are you a Mac or are you a PC?

Mac at home, PC at work.

 What book is currently on your night stand?

“Humongous Zits, a Zits Treasury” by Jerry Scott and Jim Borgman (a must read by any parent of a teenager or teenagers, especially a son); “A Wanted Man” by Lee Child; and “Flat Belly Diet! For Men,” by Liz Vaccariello and D. Milton Stokes (obviously haven’t opened the last book recently).•

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

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