Longtime deputy prosecutor: County can become criminal justice leader, regain credibility

A Greenwood resident who has spent his career advocating for justice as a deputy prosecutor wants to help restore integrity to the Johnson County Prosecutor’s Office as its leader.

James Ackermann, who is currently a Hendricks County deputy prosecutor after a long career in Marion County, became disturbed by ethical and criminal lapses committed by leaders in the criminal justice system across the state, including the recent conviction of former Prosecutor Brad Cooper. Ackermann wants to be part of the solution.

He is one of six candidates for Johnson County prosecutor. Republican Party precinct committee members will choose the next prosecutor in a caucus next week.

Ackermann has been studying the prosecutor’s office in terms of its work, reputation and communication style. He questions the few number of cases that proceed to trial and said he would mentor deputy prosecutors into becoming skilled trial attorneys, which gives them greater authority when negotiating plea agreements with defense attorneys.

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He would bring seriousness, experience and common sense to the office, and isn’t afraid to make the tough, but correct, decisions to protect county residents. For example, if a death penalty charge is appropriate in a murder case, he would seek it.

“If it costs too much and I’m voted out of office, then I go with my head held high,” Ackermann said. “I would never be in court for a case I didn’t believe in. You search for justice and the right thing.”

He would operate under the highest of ethics at all time, attract the best talent and retain those employees by working hard, mentoring them and leading by example in every way, he said.

“The prosecutor’s office is law enforcement,” he said. “Law enforcement is not just your right arm, your right leg. It’s part of your DNA. You’re either there for the right reasons and you understand it and you support law enforcement, or you’re not.”

The county can again become a leader in the criminal justice system, he said.

“Johnson County is too good of a county to have sub-par representation,” he said. “There is no reason we can’t attract the best talent and develop the good talent that is already there.”

Why do you want to serve as Johnson County prosecutor? What qualities do you possess that make you the best person for the position?

Has spent his entire life in community service, practicing criminal law and representing the public’s interest. Was mentored by Scott Newman in Marion County and has worked in every position in a prosecutor’s office, from juvenile cases, to child support, major and minor felonies and drunk driving. Has a master’s degree in biology and understands scientific evidence. As prosecutor, would seek justice and focus on doing the right thing, not winning or losing. Is an experienced trial attorney, and had 19 jury trials in one year, which is substantially more trial experience than the other candidates.

“I think it is critically important that we’re charging the right people with the right offense.”

Is set apart from the other candidates by passion and intensity.

“I care about nothing more than people and fairness and doing the right thing.”

What are your core operating principles and philosophies, personally and professionally? How are they illustrated in your life?

“Do the right thing, everyday. And be honest. If someone says they don’t make mistakes, they are either deluded or untruthful.”

Would own all mistakes. Would put in place a system to make sure mistakes aren’t repeated.

“Do the right thing and be honest. No one will ever be in trouble with me for an honest mistake. It’s always the cover up. Just be honest.”

Victories are team wins, losses are on him. Would give praise in public and counsel in private to create a team-building atmosphere.

Are you an experienced trial attorney? Is such experience critical to serve as an effective prosecutor?

Yes. Extensive experience trying cases every year.

“It’s the most critical thing that you need. The prosecutor is the chief law enforcement officer in the county.”

The prosecutor needs to be able to speak on all matters of law enforcement, including policies, procedures, search and seizure and funding. Follows the developments in the criminal law which is constantly evolving by appeals.

What is your specific plan to ensure that the prosecutor’s office regains the level of integrity and transparency that the people of Johnson County deserve?

Will talk to everyone. Would institute a policy that the potential resolution of every felony or violent misdemeanor is communicated to the arresting officer and the victim to get their input. Charges of resisting police or battery on police would never be dropped. Would protect police and the public. Shenanigans by employees of the prosecutor’s office will be dealt with very quickly. Would invite police and the public to witness the deputy prosecutors in court.

Those changes would go far in repairing relations. Would meet with police department leaders and officers to learn what is going well and not going well and their needs. Would not be dismissive.

“What message does that send? That’s the wrong message. We are here for the public.”

What are the biggest weaknesses and areas for improvement in the prosecutor’s office?

The office needs more structure and internal education. Deputy prosecutors should be trying more cases, when appropriate, so that they are skilled and experienced in the courtroom.

Knows that most people want to do a good job. Would give clear expectations for what is expected.

Wants to be aggressive on how to be prepared. Would require accountability, such as going to a crime scene, and flexibility in scheduling with police. Would carry a full case load and be in every single court. Would mentor people and be a constant reminder of the seriousness of the job in working for the public. Would mentor deputy prosecutors in preparing a case for trial so that they can gain expertise and skill.

What changes do you plan on making to the office and its personnel? How and under what time frame will you determine who is staying on, and who is leaving? What process will you use?

“Everyone will interview almost immediately for their positions. I think there are a lot of good people. I think there’s a lot of training that needs to happen, and a lot of culture change. It would be very apparent within a few weeks — is what they’re saying matching up with what they are doing?”

If you were aware of issues in the prosecutor’s office and aspired to this job, why wasn’t your name on the ballot in 2018 when Cooper was re-elected?

Was asked by multiple people to seek the office in the caucus. Focus in the past has been on current positions. But in recent months, considering the allegations against Curtis Hill, the judges’ debacle downtown and Brad Cooper, came to realize that something needed to be done, and now. Wants to be part of the solution.

Who are your top influencers, and how will you use them? Who will you use as a checks and balance on yourself if you gain one of the most powerful positions in the county?

Hendricks County Prosecutor Loren Delp and former Marion County Prosecutor Scott Newman. Would like to see the prosecutor’s pay cut in half to eliminate candidates who don’t seek the job for the right reasons. Wants to be prosecutor to do justice, as a public service and to give victims a voice.

“There’s no place for ego.”

Would be confident walking into court and respectful of others, but not scared.

“The job keeps you humble. Nothing goes your way all the time.”

“Arrogance has no place in public office. Condescension has no place. Attorneys who are arrogant and condescending are usually cruising for a fall, and they usually get it.”

Wife and defense bar would also keep him humble.

Will Brad Cooper have any role, official or unofficial, with the Johnson County Prosecutor’s Office?

“No. I wish Mr. Cooper very well and I wish the victim the absolute best, but he will no longer have any role with the prosecutor’s office.”

Do you expect any changes to the way cases are reviewed for prosecution?

Would like to speak to judges to reduce the time lapse between an arrest and the filing of charges.

What is the right type of relationship for the prosecutor’s office and deputy prosecutors to have with defense attorneys?

Would hire people dedicated, selfless and very giving. Prosecutors and defense should get along well, but don’t go out to eat or drink with them. Would be cordial and professional. With the right hiring procedures, you get people who are more law enforcement-focused. Prosecutor’s office needs to understand what officers are dealing with and see the position as a calling, not a job. Would work to retain, attract, nurture and help deputy prosecutors flourish in their career.

“It’s getting the right people.”

Do you have the guts to do the right thing all the time? Give us examples of when you’ve done that.

Is an intense, serious person. If you put someone inexperienced, or too chummy, or afraid to try cases, in the job, defense bar will chew them up and spit them out.

“I always do the right thing.”

Takes responsibility for mistakes. Read in a book that if a prosecutor doesn’t have the guts to go across the courtroom and point to the defendant, how can the jury have the guts to convict? Can come across as assertive, but is not mean or condescending. Is an advocate for justice, not a case processor. Is fed by the gratitude he gets for caring about a case.

There’s a perception that the law doesn’t apply equally to all in Johnson County, and the way the departure of the former prosecutor was handled, from a delayed arrest to the sentencing, could be considered an example of that. What will you do as prosecutor to help break down those perceptions in the community and demonstrate that no one is above the law?

So proud to be colorblind. Doesn’t see sex, race, neighborhoods or the kind of car the drunk driver is in. Would treat everyone the same based on the strength of case and criminal history. Is most zealous against those in public positions of trust. Prosecuted a sheriff’s deputy who was driving drunk, and defendant received a just sentence. Another time, called 911 on a swerving driver. The license plate came back to a police officer. Did not change course or say nevermind.

“There is no free passes for anyone, least of all myself.”

Under what scenarios would you seek a special prosecutor to handle cases? How would you be involved in that process?

“Only if I have a personal conflict in the matter. When you are the prosecuting attorney, if you have a conflict, then the entire office is conflicted out.”

Should the public be informed of the details of the crimes that are committed in the county? What level of transparency would you guarantee?

Everything that is able to be public record will be open and transparent. Sees value in the public knowing what is happening. The office must be transparent. Would discuss cases and be responsive to the public while following trial rules.

“The public needs to know what is going on, and it is their absolute right to know what is going on. And as much as possible while following ethical rules, they will know what’s going on.”

In a case, if he should have sought a higher bond and didn’t, will own that error.

“The public can’t have confidence in the process, the systems or the office if they don’t have the basic facts that they are entitled to have.”

The public can sometimes look at a sentence as lax or light, yet officials have to balance the point and goal of incarceration, the seriousness of the crime and, to some extent, the jail overcrowding. What is the correct balance? And what are the other factors?

It’s all fact-sensitive on the particular case. Depends on the specific factors. Was there ongoing terrorism for years, or was someone provoked and acted once and is remorseful? Would have generalized plea guidelines, but they are not set in stone. Do the right thing in each case. Be fair to victim and defendant.

“That’s where experience comes in.”

Did a suspect hit a police officer, ripping the uniform and causing the officer to be off work? Or did the person run 10 yards while fleeing? Would recognize the difference.

Are the narcotics arrest sweeps solving the drug problem? How will you determine what additional methods are effective, such as recovery courts, treatment programs and jail time?

Is a bit more harsh than most people regarding views on recovery courts. Not even low-level dealers should be in recovery courts. Addicts with clean criminal histories are best for recovery courts. No one who is violent, committing other crimes or dealing drugs should be in recovery courts. They should be in prison.

Should Cooper have been paid by the taxpayers and retained his title and benefits for three months after he pleaded guilty, but before his sentencing?

With due respect to the legal opinions of others, his personal legal opinion based on the reading of the law is that he should have been removed at the first hearing in April. Legally obvious that he should have left the office at that time according to state law. Was shocked that it did not happen.

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About the series

The Daily Journal has interviewed the six candidates who want to be Johnson County prosecutor on a variety of issues, including questions submitted by the public. We present their questions and answers beginning today. The Johnson County Republican Party will name the next prosecutor at a caucus on Aug. 15.

Due to the extent of the information covered, the answers have been edited for brevity. This is the first of six interviews, which will be presented in alphabetical order.

Interviews and editing by Editor Michele Holtkamp.

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Age: 50

Residence: Greenwood

Family: Wife Robyn; daughter, 11

Job: Deputy prosecutor in Hendricks County. Previously was a deputy prosecutor in Marion County. Has been a deputy prosecutor for 13 years.

Education: Graduated from Illinois State University with a double major in political science and biology, then a master’s degree in biology. Graduated from law school at Valparaiso University.

Memberships: Church-related experiences, volunteer youth coach, mentors younger attorneys

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