The Herald Bulletin

Afternoon Update

Local News

September 24, 2009

Jack Brinkman to fill in as Judge Spencer quits

ANDERSON — Judge Jack Brinkman’s semi-retirement lasted less than a year. The Indiana Supreme Court on Thursday unanimously appointed the senior judge to temporarily fill the bench seat being vacated by Fredrick R. Spencer, who is resigning effective today.

Brinkman “will now serve as Madison County Circuit Court judge pro temp until the governor appoints a successor or until further order of the Indiana Supreme Court,” said Kathryn Dolan, spokeswoman for the state’s high court.

Brinkman, a Democrat who elected last year not to run for a sixth term as Madison Superior Court 2 judge, returns to familiar duties on the bench under extraordinary circumstances.

Spencer’s resignation is the second judgeship in the county vacated within a year. Superior Court 4 Judge David W. Hopper died in February at age 60.

“I don’t think any of us could have predicted within a year’s period of time the untimely loss of Judge Hopper and the retirement of Judge Spencer,” Brinkman said.

He vowed to create a transition as seamless as possible for the judge who will be appointed to serve until the next general election in 2010.

“The staff will be intact, and I’m sure the operation will go on smoothly,” he said. “Anytime there’s a transition, there will be some continuances and some matters that will have to be reset. Our intention is to take care of business so whoever the appointee is will not come in and inherit a backlog.”

Spencer’s resignation was announced Wednesday as the Indiana Commission on Judicial Qualifications investigated a complaint of judicial misconduct against him.

After Spencer’s resignation, Dolan said, “the investigation is considered closed.”

Spencer will preside over matters before the court today for the final time.

Jane Jankowski, spokeswoman for Gov. Mitch Daniels, said the governor’s office had not received formal notice of Spencer’s resignation and had no timetable for selecting a new judge.

“We’ll move as quickly as we can,” Jankowski said.

The Indiana Supreme Court’s speedy selection of a Brinkman as pro temp was a matter of necessity, Dolan said.

“The reason we appoint a judge pro temp is so that disputes in Madison County Circuit Court continue to be heard by a member of the judiciary” without delay, she said.

Since he opted not to seek re-election, Brinkman has continued to have a presence in the Madison County courthouse, working in a capacity that helps alleviate the caseload and allows him to fill in as a substitute judge when needed.

He said he plans to return to that part-time work after a new judge is appointed.

Contact Dave Stafford: 648-4250, dave.stafford@heraldbulletin.com

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