Birk files for Dubois County Superior Court judge

Jasper attorney John E. Birk announced his candidacy for judge of the Dubois Superior Court, having filed his notice on January 10, 2022, subject to the Democratic primary on May 3, 2022

“Duty, honor, country,” Birk explained the reason for filing. “Duty, honor, country are the institutional values pounded in us by the U.S. Military Academy and U.S. Army.  All have a duty to serve our country with honor — my home county in this instance — particularly during this time of division. What unifies more powerfully than ‘duty, honor, country’?  We have no political parties, no partisans, no right, no left, only Americans when holding to these goals.” 

He added that these values, the law and the evidence would guide the orders of his court — no other allegiances, commitments, leanings or prejudgments.

Birk will be 63 years old on election day, born and raised in Jasper, and a graduate of Holy Family School and Jasper High School. Having taken an appointment to West Point in July 1977, he graduated in the top 10 percent of his class in May 1981, receiving his diploma and U.S. Army commission from President Ronald Reagan, the commencement speaker. 

Birk reached the rank of captain in the combat engineers before leaving active duty in 1986 (reserve duty through 1994), his duty stations having included Ft. Benning, GA (qualified paratrooper); Ft. Belvoir, VA; Wurzburg, Germany; Ft. Knox (executive officer, Headquarters Company, 194th Armor Brigade); and Ft. Ord, CA (chief, engineer division, combat developments, 7th Infantry Division).  Birk twice received each of the Army Commendation Medal and Army Achievement Medal.

Mr. Birk graduated from IU School of Law-Indianapolis, entered the Indiana bar on June 9, 1989, and worked for two Indianapolis firms before returning to Dubois County permanently in 1995 where he practiced with Birk & Birk, P.C., through 2012 when he began a solo practice as the Birk Law Firm that lasts through the present. 

His practice areas have included insurance liability and coverage, criminal, real estate and family law. 

“Dubois County was and is the place to be as a child and young adult and to return as a practicing attorney,” he said. “I have taken no paychecks from any level of government other than when I was a soldier. For all of my professional career, I have sat across the table from individual customers, answering their questions, advising them, sweating with them, delivering good and bad news, and charging and collecting fees personally. I know the law, rules of evidence, procedure and ethics, and, most critically, the personal interests, pains and perspectives of all the parties in the courtroom. I don’t expect decisions to come easy, but will make certain to relentlessly consider all admissible evidence and blindly apply the law.”

Birk said he wouldn’t accept any financial contributions to his campaign.

“To me, that doesn’t pass the smell test. Judges, including judge candidates, may never have prior loyalties whether actual or apparent,” he explained. “The appearance of outside influence ruins public confidence in the courts and the rule of law, our bedrock.” 

He will accept “leg workers generally and volunteer soldiers for the inevitable war of the yard signs” but no cash from persons, companies, organizations, or political parties. He says term limits need not be a concern, as he intends this to be his only term if elected.

His goals include reducing delays in the case docket, generally, and reducing repeat offenders. Dubois County courts are impressively progressing in the face of COVID and those always slowing the opportunity to be heard. Still, the courts must be tirelessly vigilant and painstaking to stop “justice denied due to justice delayed”. 

He pointed to the Indiana Constitution favoring rehabilitation for offenders after serving the top missions of protecting and deterring crime.

“I call it the ‘kiss ‘em on the cheek while we kick ‘em in the rear policy,’” Birk said. 

The law allows this choice to the courts. “When deciding whether to allow probation and attempts for rehabilitation, we will look for those who walk the walk, who choose the harder right over the easier wrong, nothing more, nothing less.”    

Until filing his candidacy, John had been an appointed member of the county election board, serving since 2018. He is a parishioner and cantor of St. Mary’s Parish in Huntingburg. He is also active in veterans’ organizations; he is a past commander of American Legion Post 147, Jasper, and current member of the Veterans of Foreign Wars (auxiliary) Post 2366, Huntingburg.  Active memberships also include the West Point Association of Graduates and, locally, the Huntingburg Conservation Club. 

His wife, Ann, passed in July 2021, leaving him two stepsons, Seth Wagner of Owensburg and Caleb Wagner of Chelsea, Mich., and ten step-grandchildren.  

“I make no promises other than to unfailingly follow the law and the evidence without pre-conceived notions or influences. I ask for your vote in May and again in November” he concluded.