July 23, 2014 at 2:10 p.m.

Incumbent facing challenge in race for JC prosecutor (04/29/06)


By By MIKE SNYDER-

The incumbent says he’s proud of his cost-cutting methods and willingness to take cases to trial. The challenger says the conviction rate of that incumbent is too low.

Brad Burkett, who has served as Jay County Prosecutor for the past three-plus years, is running against Robert Clamme, who has 28 years of prosecution experience — including 20 as the prosecutor.

In separate interviews recently, the candidates talked about their positions and viewpoints for an office whose duties include prosecution of criminal cases, child support enforcement, juvenile court issues and check collections.

Burkett, a 1973 Portland High School grad who began his local practice in 1984 after graduation from the Indiana University School of Law, says he’s proud of the fact he’s taken more cases to trial. He says that the elimination of a third part-time deputy prosecutor will save taxpayers more than $100,000 over his four-year term (at approximately $25,000 per year).

Clamme, a graduate of Dunkirk High School and the IU School of Law, began practicing locally in 1973.

He served as prosecutor for five terms (1975-1994) and then was chief deputy under Republican George Lopez from 1994 to 2002. Burkett defeated Lopez in the 2002 election.

Clamme, who says the overall conviction rate in jury trials since Burkett took office is “about 50 percent,” cites improving that figure and improving cooperation between the prosecutor’s office and law enforcement as two primary goals.

“There needs to be better cooperation with witnesses and law enforcement ... I think it deals with better preparation and more time devoted to those trials,” Clamme said. “I think there are more trials (being conducted under Burkett). There’s a lot more not guilty trials. Too many. It means one of two things: Either you shouldn’t have gone to trial, your case was weak ... or it’s a lack of preparation.”

Burkett, who contends the success rate for the Jay County prosecutor’s office in trials is “in excess of 75 percent,” during his tenure, says he’s proud that he’s personally tried an average of six felony cases per year.

“I think it’s important that the person elected to this office take an active role in prosecuting cases ... rather than forcing those onto my deputies ... we have had more jury trials, and I’m proud of that accomplishment. Too many cases under my predecessors were either dismissed or pleaded away when a trial should have been held.”

Burkett also is pleased that the county’s victim advocate is now under the direct control of the local prosecutor’s office.

Clamme, who says that members of local law enforcement have shared their frustration to him over what they see as poor communication and coordination with the prosecutor’s office, says that a successful prosecution “requires that there be communication as to cases going to trial or cases being filed ... working with those agencies. That has not been there as a general rule. From pre-charging, to charging to trial, I think (communication) has been lacking.”

Burkett, who also serves as the attorney for Jay County Commissioners, said he was surprised how much he’s enjoyed the position of prosecutor.

“I did not know that I would like the job as well as I have ... I didn’t realize it would be as much work as it has been,” Burkett said.

Clamme and Burkett’s characterization of the success of prosecutions since Burkett took office are at odds. Burkett said that the overall conviction rate (trials and plea agreements) for felonies is “over 98 percent) while for misdemeanors it is “in excess of 95 percent” — including 75 percent in all trials.

But Clamme, who did his own research in the office of the Jay County Clerk, said that as of approximately three weeks ago, the trial conviction rate was just under 50 percent.

The conviction rate measures multiple charges brought against a defendant, so in a case where four charges were brought and the defendant is found not guilty on two counts and guilty on two counts, the conviction rate would be 50 percent.

Clamme, who says that the conviction rate for most prosecutors around Indiana is well above that in Jay County, sees room for improvement in “the whole process. The best indicator of those problems is the number of not guiltys at jury trials. That indicates there’s a major problem. We shouldn’t have that many.”

“We haven’t had guilty verdicts in every single trial,” Burkett said. “... That’s the nature of what happens in our system of justice. I believe that even in those cases that have resulted in acquittals, those cases should have been brought to the bar of justice and a decision made by either a judge or jury. We’ve done that.”

Burkett said he feels one reason Clamme is running is to qualify for a higher pension.

Because he has 20 years of service as a prosecutor, Clamme has already qualified for the full 60 percent pension upon retirement. But because pay for prosecutors has increased dramatically since Clamme left office in 1994, his pension would be based on the higher salary amount.

Clamme noted that Burkett would be eligible for the higher pension amount as well, if and when he serves the minimum of eight years to qualify.

“I don’t get any more pension percentage-wise ... the salaries have increased,” Clamme said.

Prosecutors in Jay County have been part-time over the past 30 years. A part-time prosecutor is currently paid a base salary of $66,300. The county also pays an amount of less than $10,000 annually to Burkett.

Burkett said he anticipates that Clamme will designate himself as a full-time prosecutor, at a salary of $110,500.

Clamme saidthat he will consider whether to designate himself part- or full-time if he is elected to the position.

“I like and respect Bob Clamme,” Burkett said. “I understand why he’s running against me ... I don’t know why Bob will tell you he’s running. That’s just my perception.”

Clamme said that “there needs to be a fuller working relationship (between law enforcement and the prosecutor’s office) and better preparation of cases, and that will result in a more effective prosecution and prosecutor’s office. That’s the most important thing that needs to be addressed.”

Said Burkett: “I have been there virtually every day in that office at 7:30 in the morning. I have fought the good fight for Jay County citizens and I would like to continue.”[[In-content Ad]]
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