Judge Joe Sutton has announced his candidacy for Kosciusko Superior Court II Judge.

Sutton, who is the sitting judge in Kosciusko Superior Court III, filed in Indianapolis Friday to run against Kosciusko Superior Court II?Judge Torrey Bauer.

Four people have already filed to run for Sutton’s seat, and those filings led many to believe Sutton was retiring.

“Here’s how it kind of played out,” Sutton said. “You know, I’m not really ready to retire, but there are people that wanted to run for one of the spots, and they thought I might be retiring. Different candidates were talking to me and I would say, six years ago, then four years ago and two years ago it was kind of one of those things, but I?told them I made a decision two years ago. I said my spot will be open, but I did’nt say I was retiring. It was interpreted I was retiring, and then when Karin (McGrath) filed and said ‘Because Judge Sutton was going to retire,’ people just thought that.”

Sutton said he was strongly considering filing, and after a conversation with his wife, they made the decision that he would run for Superior II and not retire.

“I’m kind of a workaholic,” Sutton said, “But I didn’t want to back up on people that made plans when I told them the spot was gonna be open. Plus, I just think there’s a stark contrast between me and Torrey (Bauer).”

Sutton said he’ll be doing his local filing for the seat today.

“I’ve got a track record. This is my 24th year in a felony court, and I have six years deputy prosecutor experience in Superior II before that,” Sutton said. “There’s a stark contrast in our work ethic, you can ask anyone in our building. I come in early, I work hard all day, I work through lunch if necessary, I stay late, I take work home, and I am very different. Just ask anybody. There’s a stark contrast.”

Sutton has been Superior III judge since he won the election in 1996. His first day on the bench was Jan. 1, 1997.

“Judge Bauer was successful to win five years ago,” Sutton said. “So, he’s been on the bench over there, he’s in his sixth year, first cycle. And then I guess the other thing I would say is, as you know, many people in the community were really upset with Judge Bauer for putting the single working mom in prison on a contempt charge for 21 days when she did’nt take the child to southern Indiana to visit the biological father who had killed another woman, and that just sent shockwaves, at least a lot of people I heard, were upset. Putting the single mom in jail for 21 days is not in the best interest of the child. I think there would have been a better way to handle that than to put her in jail for 21 days, make her lose her job.”

Sutton said he heard more shockwaves in the community of people upset about that than he has in a criminal case in a long time.

“So, I’m offering a choice for the voters that didn’t care for that.”

Sutton turned 65 in January.

“I’m gonna run for II against Torrey Bauer, I’m not running for III, I’m leaving III to run for II and for all those folks who thought I was retiring, they’re probably going to be like, ‘Wow!’ I’ve got gas in the tank, I’ve got a lot of energy, and I really want to do this. I’m excited to do this and offer a choice.”

Kosciusko Superior Court II Judge Torrey Bauer says Joe Sutton is entitled to his opinions, but that Sutton is uninformed and mistaken.



“With specific regard to the lady, OK, he has no knowledge of the facts of that case nor apparently does he have a knowledge of domestic relations law, because he has never practiced it.



“The order I entered was a direct result of the obligations she had been placed under by her own accord and by the previous order of (Kosciusko Circuit Court) Judge (Mike) Reed,” Bauer said. “I was enforcing a prior judge’s order when I sent her to jail. That was not my order. I understand why people would be upset, but I am required to follow the law. I’m required, at times, to enter decisions that I don’t personally like but which the law requires.



“I believe it is inappropriate for a judge to comment on a case to which he has no knowledge of. He was not in the courtroom, he did not hear the evidence, nor is he familiar with the history of the case that had preceded that hearing. I find it odd that a judge who has never handled a dissolution or family law case in private practice, nor to my knowledge has presided over a contested visitation hearing, would feel it appropriate to question my decision.



“I also believe it is unfortunate that Judge Sutton has chosen to broach this subject publicly given that the father involved has a scheduled criminal jury trial in my court, which I will now be forced to recuse myself from and appoint a special judge, which will slow down the resolution of a serious criminal offense.”



“My response to work ethic is, I will stand on what I have accomplished in Superior Court II in the last six years and I would encourage anyone who is interested to speak with the prosecutor’s office, law enforcement officers, defense attorneys or probation officers who work in my court and ask them if Superior Court II is in better shape than it was six years ago,” Bauer said. “I run an efficient, orderly and streamlined process to resolve cases in my court.”



“I’ve got 23 years of private practice and six years in Superior II and I’ve transformed that court into a model of efficiency.”