Judge holds offenders accountable for their actions
By Debbie Lowe

Currie: One year on the bench Carroll Circuit Judge Donald Currie discusses his duties and philosophy of being a new judge. Comet photo by Debbie Lowe

A little over a year ago, Delphi attorney Donald Currie was appointed by Gov. Mitch Daniels as Carroll Circuit Court Judge due to the early retirement of Judge Joseph Carey in 2005. Currie enjoyed the duties of the appointment so much he ran for the seat in the November general election. Running unopposed, he won by a landslide.

Currie has been in the community since 1995. Married with two children, he is a lieutenant colonel staff Judge Advocate in the National Guard, was formerly a Delphi City Council member and private attorney.

In a recent Comet interview, Currie discussed his one-year experience and what his plans are for the future now that he is established in the circuit court.

“I enjoy making decisions,” Currie said, describing what he appreciates about his judicial duties. “I like the finality and I enjoy helping people reach closure.”

The 48-year-old Currie said he has wanted to be a judge since he was at the Indiana University School of Law in Indianapolis. He was exposed to the judiciary when he was later employed as the director of the Indiana Judicial Study Commission.

Currie said he relishes being a judge in Carroll County because he is able to proceed with several and various types of cases at a quicker rate due to the absence of a backlog, which is a prevalent situation in many larger counties.

“I like to see cases resolved rather than letting them continue for long periods of time,” he continued. “There’s an old saying, ‘justice delayed is justice denied’ and I remember that as I set cases.”

Currie firmly believes offenders should be held accountable for their behavior and reinforces that philosophy by assigning meaningful consequences to them.

One area Currie exercises that belief is with parents who are in arrears with child support payments.

According to a published report from the Indiana Family and Social Services Administration, $135,146 more in child support payments was received this year in Carroll County than last year.

“I would like to think I have helped with that increase,” he said. “Even if people are unemployed, I assign the minimum wage to the child support formula and expect them to pay, because the needs of the children do not change.”

“I take child support seriously,” Currie said. “I have found in several cases people are in contempt for non-payment.”

However, before an offender can be held in contempt of court, state statute dictates they must be assigned a public defender.C u r r i e said some of those owing large amounts of support could also face stiff consequences.

“When it gets to a certain point, criminal charges can be filed,” he said.

In the Dec. 6 issue of the Comet, a total of $79,941.35 child support arrearage was reported in only seven cases.

“I find them in contempt to help them understand the seriousness of the situation and to accept their responsibility,” he added. “Anyone can find a job. I spend a fair amount of time lecturing people in order to motivate them to take responsibility and to comply with the court’s order of support.”

Currie said he will put some individuals he finds in contempt for non-payment of child support in jail for various lengths of time, depending on the circumstances of the case.

But he is not above striking a compromise with the offenders about jail time. He sometimes sets an amount of money the offender would be expected to pay, normally the amount owed since the last time they appeared in his court for the same matter. If the amount is paid before they are due to leave the jail, he will let them out early.

“You’d be surprised how many come before me and say they can’t pay, but then they find a way to pay to get out of jail,” he said.

Monticello attorney George Loy, contracted by Carroll County to prosecute child support cases, said he considered the increase of child support money received by the county “significant.” He attributed the increase in part to Currie. He said the increase is also due to a combination of several components concerning the county courts, both superior and circuit, and how they each handle child support cases in conjunction with the county IV-D office.

“I’d like to think that we’ve been aggressive at meeting goals set by the state,” he said.

Loy explained both courts follow the law and handle their respective areas of discretion “fairly.” He said both courts find “creative ways to get the noncustodial parents’ attention.”

Although he thoroughly enjoys the job, Currie finds some contested divorce cases to be uncomfortable for him.

“People can be extremely irritable in those situations and some of those days can be a challenge,” he said.

In addition, cases in which people appearing before him without legal representation cause him to be very careful about how he manages his court. Currie said there is only so much a judge can do to help those who do not possess current legal proceeding information.

The former city council member now finds he is in the position to defend his actions and requests to decision-makers such as the county council and commissioners. As a city council member, he was on the other side of the desk and did the asking of the questions.

“I now have a better understanding of how those department heads felt when I asked them to explain a request or a situation,” he commented.

Currie has made changes in both the operation of the court and the courtroom in the relatively short time he has been on the bench. There is something of a new look in the courtroom, utilizing a “more traditional setting.”

Currie relocated the court reporter, established the state seal above the bench, returned the bailiff’s bench to the bailiff for use when in the courtroom and moved lamps on the dais from obstructing his view of a witness on the stand.

Currie moved tables used by the prosecutor and the defense to the more traditional positions of side-by-side. Prisoner-friendly chairs, which roll and do not squeak when in use, have been installed behind both tables.

Currie has plans to move book cases from the law library into the rear of the courtroom, where there are no seats, to free up space in the library and aid in security. The move will provide a larger waiting area for the probation department and a semi-private place for attorneys to meet with their clients prior to entering the courtroom.

Currie said he understands the nature of societal change and is not against the installation of security cameras in the courthouse. However, the ones slated for his court have yet to reach their final destination.

“It’s wise to be cautious,” he said about potential need for the security measures. “But there are restrictions to cameras in the courtroom that have to be addressed before the project proceeds here.”

“Until protocols are established, the cameras aren’t going in,” he said.

Thinking of the future, Currie said he would like to engage an intern in his court. He said he would like to find one who graduated from a local high school to work and learn the law experientially in his court.

“I think Carroll County has a positive outlook for the future. I hope as far as criminal and civil justice is concerned, I have an impact in the community,” Currie said. “I would like for people to be able to say when I’m gone that I did some good things in the court. That’s all you can really hope for when it’s all said and done.”