ANDERSON — While family, friends and colleagues mourn the loss of Judge David Hopper, the business of law and order continues in Madison County courtrooms.
“I met with Judge Hopper’s staff at 8 o’clock this morning and they were all troopers,” said Superior Court 1 Judge Dennis Carroll. “They know they have business to carry on. They’re grieving with one side of their brain and doing their jobs with the other side.”
At the risk of sounding insensitive, many in Madison County are wondering: What happens when a judge dies?
Basically, Carroll said, the Indiana Chief Justice Randall Shepard will appoint a temporary replacement until Gov. Mitch Daniels names a permanent replacement.
“The (Indiana) Supreme Court will issue an order naming a judge pro-tem for a continuing basis,” Carroll said. “That’s what always happens if you have a judge die in office. You get somebody to step in immediately and manage the docket until the governor, who has ultimate responsibility, can name a replacement.”
Carroll said judges are elected on the county level, but are actually part of the state judiciary, making their appointment the governor’s responsibility. He said retired judges are often tapped for temporary judgeships and mentioned the recent retirement of Superior Court 2 Judge Jack Brinkman.
“It’s premature to speculate about that, but he will probably allow interested parties to make themselves known,” Carroll said. “There could be an interview process, but naming a successor could take a month or two.”
Immediately, Carroll said, local attorney Geoff Yelton has been tapped to handle the cases on Hopper’s docket. Jury selection was set to begin Thursday on a case in his court, but the trial has been canceled for now. Superior Court 3 Judge Thomas Newman will preside over drug court on Thursday.
Carroll will assume Hopper’s role as chief judge, a rotating assignment that puts the judge in charge of ancillary services of the courts system. Carroll served as chief judge in 2008 and the assignment reverts back to him because the judgeship became vacant before June 1. Had it become vacant after June 1, the chief judge assignment would fall to the 2010 chief judge.
Contact Justin Schneider: (765) 640-4809, justin.schneider@heraldbulletin.com
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