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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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