HANCOCK COUNTY — Despite finishing a busy morning — just like every other day overseeing the judicial conveyor belt that is Hancock County Superior Court 2 — Judge Dan Marshall was bursting with energy as he sat behind his desk.
Dressed in a crisp, white shirt and dark slacks, Marshall looked as if he’d just strolled in from an evening dinner instead of having just presided over another chaotic morning of dealing with drunken drivers, drug dealers, thieves and others charged with crimes.
“Oh, that was a light morning,” Marshall said, brushing off the thought that this day’s docket — he worked on more than 30 cases — constituted a heavy workload.
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Click here to purchase photos from this galleryMarshall is in charge of the county’s busiest courtroom, Hancock County Superior Court 2. With the help of his courtroom staff — Emily Shores, Marsha Creech, Toby Huber and Wendy Leonard — Marshall presides over almost all the low-level criminal cases in the county. Chance are, anyone who’s been arrested for anything from a low-level felony to a misdemeanor has appeared before him.
During the span of a normal week, Marshall and his staff work on, at minimum, some 300 cases, sometimes as many as 70 during a single court session. A steady stream of defendants, attorneys and prosecutors go in and out of Superior Court 2 every morning of the work week and every Monday afternoon. Marshall also holds court one Friday a month to deal with probation and small-claims matters.
The pace is brisk. Some cases Marshall can wrap up in less than a minute. At the other extreme are jury trials, which he tries to finish in a single day.
Despite the crush of cases — the county now is dealing with more criminal cases than ever — Marshall works hard to give each defendant the proper amount of time needed to handle each case. Some cases can be disposed of quickly. At other times, the judge will slow proceedings and ask questions of defendants, attorneys and prosecutors.
In the midst of a recent morning full of cases, Marshall held a sentencing hearing for a man who was hoping to get home detention and probation for a serious crime.
After letting the man present his side and hearing from the prosecutor, Marshall not only delivered a harsh sentence — more than 900 days in the Indiana Department of Correction — but he also tried to reason with the defendant and get the man to own up to and reflect on his actions.
All of this happened while numerous other defendants were coming and going, prepping for their cases, chatting with prosecutors and their attorneys under the watchful eye of bailiffs.
“It’s chaos, but it’s controlled chaos,” Marshall said.
Still, with so much growth in the county, Marshall’s role of organizing and handling the volume of cases has become much more intense since he was first elected judge in 2002.
Superior Court 2, for example, hears many more Level 6 felony cases today, which can require more time due to their severity and sentencing. Figures compiled earlier this year by the Hancock County prosecutor’s office showed 129 Level 6 felonies were filed in the county in 2014. In 2018, that number was 653.
Arrests related to drunken driving produce a high number of cases in the court, just as they have since he’s been on the bench, Marshall said. But cases for things like possession of heroin and methamphatamine have exploded.
The key to making sure Superior Court 2 operates smoothly is for Marshall and his staff to be able to control the chaos with good planning, he said. Marshall has learned over the years to never schedule a complicated case for a Monday because he knows he’s going to have a busy workload the first day after a weekend. The court simply can’t afford to let cases get piled up.
Prosecutor Brent Eaton’s office also has to deal with the crush of cases going into Superior Court 2. While the prosecutor likes to treat all cases the same, there is a different approach for those heading to Marshall’s court, Eaton said. Deputy prosecutors Gina Fischer and Michelle Wade are always at work hours before the courthouse opens on Mondays, making sure they have charges from weekend arrests filed with the court well before 7:30 a.m.
“There is a real crush to get administratively things we have to read, filed,” Eaton said. “We’ve got to sort those things out and get stuff done on a very tight timeline with a fair amount of pressure.”
Eaton agreed with Marshall and said by adding more complicated cases in Superior Court 2 such as Level 6 felonies, the workload can create a hectic atmosphere.
It prompts the question: Is the court too busy?
“The weighted case management for this county indicates that we have fewer judges than we should,” Marshall said.
The fact the county has experienced judges helps keep things from getting bogged down, Marshall said, but he agreed that adding another judge would be helpful.
It’s been decades the county’s courts have been reorganized. Hancock County Superior Court (now known as Superior Court 1) was added in 1965, and the Hancock County Court in 1972. The county court, according to courthouse documentation, replaced Indiana’s Justice of the Peace and Town Courts. Superior court was given jurisdiction with Hancock County Circuit Court, and then, in July of 1992, the Indiana General Assembly transformed the county court into Superior Court 2.
While Eaton feels Marshall runs a most-efficient courtroom, he’d like to see another judge added, someone to handle specific cases dealing with traffic or juvenile issues.
“We probably should have had a new judge added 10 years ago,” Eaton said.
Marshall noted with an increase in county population there is more crime in the county, creating a need for more prosecutors and law enforcement officers, which the county has slowly added. But getting another judge on board would have to come through the state legislature.
“We’re not squealing really loud,” Marshall said of efforts to add another judge. “We’re just going to get the work done. We’re able to handle the workload.”
But, is the court running as well as it can be, and is it fair for the court staff and defendants whose future depends on the court?
Ed Walter, an attorney who was representing a client in Superior Court 2 one recent day, said that despite the heavy flow of traffic in and out of the courtroom, the court is doing its job.
“If you ever have a situation that calls for time, the judge is going to give you the time you need,” Walter said.
Walter also credited the court’s staff for keeping things going despite the workload.
“God forbid anything would every happen to one of our judges; it would really cause all kinds of issues,” Walter said. “I really do think another court could be helpful.”
Marshall is a hands-on judge and enjoys the organizational challenge of running a court like Superior Court 2. He also likes the fact there are always several scenes of bustling activity in the courtroom at any one time.
“This type of court isn’t for everyone’s personality,” Marshall said. “But, I like the work flow — big and busy. It fits me.”
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Hancock County Superior Court 2
Open 7 a.m. to 4 p.m. Monday through Friday.
Judge Dan Marshall
His staff: Emily Shores, Marsha Creech, Toby Huber and Wendy Leonard.
They all serve as court reporters and bailiffs, and they are all cross-trained.
Hancock County Superior Court 2 handles traffic infractions, misdemeanors, Level 6 felonies and small claims. Examples of Level 6 felonies include theft, forgery, neglect of a dependent, sexual battery, dealing in a controlled substance and possession of methamphetamine
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