ANDERSON — Madison County’s newest soon-to-be judge was defending a client against theft charges Thursday afternoon when he learned that he had been appointed to preside over the very courtroom where the trial was taking place.

Indiana Gov. Mitch Daniels named attorney David Happe, 38, a Republican, as the new judge of Superior Court 4. Daniels could not be reached for comment.

“The governor thinks that David has a distinguished record of legal experience,” said Brad Rateike, the governor’s deputy press secretary. “The governor is confident he will serve the citizens of Madison County with distinction.”

The Superior Court 4 bench was left vacant with the sudden death of Judge David W. Hopper, 60, on Feb. 25 of a heart attack. The Indiana Supreme Court chose attorney Geoffrey Yelton to serve as the court’s temporary judge. Yelton did not apply to replace Hopper.

Fifteen Madison County lawyers applied for the office. Only six, however, received interviews: Happe; former Prosecutor Rodney Cummings; current Deputy Prosecutor Rudolph Pyle III; former Colorado Supreme Court Justice Gregory K. Scott; former Anderson mayoral candidate John M. Blevins; and former Superior Court 5 judicial candidate William C. Davisson.

“The way to describe my emotion is humbled,” Happe said about an hour after learning of his appointment. “To think about the competition — there were some very good people in that group — the way to describe it is humbling.”

A native of Hancock County, Happe’s been a Madison County resident since 1997, not long after graduating from Indiana University School of Law in Indianapolis.

Happe and his wife of 10 years, Keri, a media relations associate with Eli Lilly and Co., are Anderson residents. They have a 15-month-old son, Oscar.

A former prosecutor and chief administrative public defender, Happe has worked in private practice since early 2007. He ran an unsuccessful campaign against Judge Thomas Clem in 2002 for Superior Court 5.

“I’ve always been interested in public sector work,” he said. “I’ve worked for the city, I’ve worked as a deputy prosecutor, I’ve worked as a public defender, and the judiciary is the highest level of public service as a lawyer.”

As judge of Superior Court 4, Happe will oversee low-level felony criminal cases, landlord-tenant disputes, small claims cases and collections. Only about 10 percent of his cases will deal with criminal charges, he said

Happe’s appointment was praised by judges, prosecutors and fellow attorneys.

“From the day he applied, David Happe was a top-tier candidate and he will make an excellent trial judge,” said Superior Court I Judge Dennis Carroll, who also serves as chief judge of the unified courts system. “David possesses the qualities the public should expect from all judges: scholarship, diligence, fairness.”

Prosecutor Thomas Broderick Jr. said his office will work with Happe as Happe’s public defense clients are transferred to new defenders.

“I feel sadly at Judge Hopper’s passing, but I have no doubt Dave Happe will do a good job,” Broderick said.

Happe, in private practice with Lockwood, Williams and Happe in Anderson, will now close his office. He will be sworn-in as judge in 30 to 60 days.

“It’s great for the county,” said Bryan Williams, who has worked with Happe. “I’m sorry he’s coming into the office under these circumstances (with Hopper’s death). Dave is the perfect choice.”

Happe admits feeling some trepidation following Hopper in Superior Court 4.

“Judge Hopper was a much-loved and a much-respected judge for a good reason,” he said. “He had built in good systems in the court and he had a great reputation with the bar. It’s daunting following in his footsteps.”

And what of the theft case Happe was defending when he got the news? The verdict came back not guilty.



Contact Shawn McGrath: 640-4883, shawn.mcgrath@heraldbulletin.com