The Honorable Judge David Kiely
Zach Stuard
CCO Staff Writer
One could say for the Kiely family that practicing law ran in the family almost hereditarily. Upon graduating from the University of Evansville with a Degree in Science, it was no surprise to anyone that knew Judge Kiely that he then applied to and attended the Cumberland School of Law in Birmingham, Alabama. After graduating from Cumberland School of Law in 1989, Judge Kiely joined his father, James Kiely, and together they formed Kiely & Kiely, attorneys at law. The two began practicing law together in 1990 and continued to do so until Kiely’s father’s retirement in 1994. Judge Kiely then practiced law by himself for the following four years. In 1998 Judge Kiely announced his intent to run for Judge Knight’s spot on the bench. Soon thereafter, then Circuit Court Judge Rick Young offered Kiely the magistrate position in the Circuit Court and, recognizing the excellent opportunity, Kiely accepted the offer and cancelled his planned campaign against Judge Knight. While Judge Kiely was serving as magistrate, Judge Young set a great example and it wasn’t long before he became a role model of Kiely’s. Over time the two have managed to forge a great friendship between themselves and still stay in touch regularly. Kiely served as magistrate for 11 years when Judge Bower’s retirement left a vacant spot on the Superior Court bench. Kiely campaigned for the Superior Court position and earned an unprecedented victory in every precinct. Kiely served four years in Superior Court before running for The Circuit Court Judge position last fall. Kiely received the highest honor among attorneys and ran unopposed for the Vanderburgh Circuit Court judge position.
Kiely is well known for his work in assisting Judge Wayne Trockman in the Vanderburgh County Treatment Courts. Kiely himself is little known though, for creating what just may be the best kept secret in Evansville with the help of Judge Trockman. That secret would be the first Veterans Treatment Court in the State of Indiana. The young program originally lacked the staffing to operate at full efficiency but recent remedies to this issue have seen the court expanding nicely. The program has had 15 veterans come through its doors. The Veterans Court offers alternative sentencing options for nonviolent and, in certain circumstances, violent offenders as well. The program aims to rehabilitate veterans with substance abuse issues and provide substance abuse treatment programs in conjunction with the resources offered through the Department of Veterans Affairs. The Veterans Court also looks to assist veterans suffering from the mental effects of combat and seeks to provide alternative options to incarceration for the veterans that find themselves coming through the court.
As a judge, Kiely recognizes the court system causes mental, emotional, and financial stress on the parties and their families. “The court system must move as quickly and as efficiently as possible while providing the parties with a fair platform to argue their position. Only after a case is resolved can the parties begin their recovery and closure.â€
Of all the difficult cases Judge Kiely tries he admits that drunken driving cases resulting in death involving young people with no previous record are the toughest. He also particularly dislikes giving anyone their first felony charge as it kills their ability to get a job and creates a lower standard of living to those with a felony conviction. Kiely recognizes that some people genuinely deserve their sentences and incarceration is the only appropriate option. I asked Judge Kiely what the most rewarding aspect of his work is and, very similar to Judge Trockman, he spoke of the people whom he has reached and assisted. With a humble tone Kiely told me, “More than 10 people have stopped me after spending time in our system and have thanked me for saving their lives.â€
To Judge Kiely some of the most important traits for a judge to possess are patience, understanding, and temperament. A judge’s self-control has to transcend any situation which may anger them. “Prejudice and bias have no place in a judge’s chambers. We as judges have to look at the law and then apply the facts of any given case to that law. If we as judges do everything we can and make our decisions based on the facts in relation to the law, then we can live with our decisions.â€
When Judge Kiely is not on the bench or working in his chambers he enjoys spending time outdoors. He particularly enjoys bass fishing, golfing and tennis. The active Judge Kiely also lettered in both basketball and baseball while attending Bosse High School. Judge Kiely enjoys spending time with his kids more than anything. His daughter, Gracie, is a freshman at Central High School and his son, Jack, is a freshman at Kentucky Weselyan. Jack and Gracie both have shown an interest in studying law which would make them each a fourth generation lawyer in the Kiely family.
If Judge Kiely could do any one thing for the court system he would restructure the way custody and parenting time battles are fought concerning children. In the current system the side that is awarded custody and more parenting time also receives more support money. Kiely feels the current system causes the parties to lose sight of what is in the best interest of the children and only focus on what is financially beneficial to their position. He believes the current system increases litigation and anger between the parties. Kiely’s remedy is to start with the presumption that there should be joint custody of the children and each parent should have equal parenting time. Then let the parties’ present evidence as to why the court should deviate from a joint custody equal parenting time order. If Judge Kiely could have his way he would give every child born two parents that love that child more than anything else in the world, including themselves. He believes this would solve a lot of problems in society that are results of children growing up without proper guidance and counseling from the proper source. Judge Kiely told me “I see generations of repeat offenders coming before the courts. That is always tough. With the proper upbringing and attention I believe a lot of these instances could be diverted entirely.â€
I think you hit the nail on the head Judge Kiely.
Congrats to an outstanding person and Judge.
A great family. He couldn’t have turned out to be anything but how he has.
CCO you did a very nice article on Judge Kiely.
He shall prove to be an outstanding Judge once all said and done.
As a voter and taxpayer of this community, I’m proud to have Judge Kiely as our newly elected Circuit Court Judge.
My brother came back from Middle East War and had many issues upon his return.
With the help of Judge Kiely, he is once again becoming a productive member of society.
May God bless you and your family.
I played baseball with the Judge in high school and must he was extremely competitive and talented.
I know he shall bring the same competitive skills to the bench.
Nice article on a very good person.
I wish I could say the same about “judge” Kiely. Speaking from a position of ignorance is, well, ignorant. Why doesn’t someone ask him what the black robe is all about.
I have the opportunity to work with Judge Kiely on a regular basis and I can say that I wish all of our local judges had the same compassion and faith in the redemption of people that have made poor decisions.
@Renegad
Upon the founding of our country, John Adams and Thomas Jefferson disagreed on what judges should wear. John Adams, our second President, wanted judges to dress similarly to English judges and wear red robes and wigs. Thomas Jefferson, on the other hand, preferred that judges wear suits. A compromise agreement was reached: judges would wear black robes, but they would not use wigs. The robe is considered a reminder of the law and a symbol of neutrality.
you are absolutely incorrect. will fool the ignorant though.
Very good Judge, even better person.
My son was falsely accused by the very ones that really did the crime he was raised by me with love now my child is in a prison he dont belong in no testing no proof no witness but the liar who claims he was in a house he wasnt in a tape proves my son was made a fool of he had no record never been trouble ever and this judge gave him the worst sentence never gave him or me a chance my son had his self baptized at 10 he just knew a girl who knew bad people he deserves acquittal and to co.e home there is more proof he didnt do this they made him think he did what he didnt his step moms attorney failed him on purpose now I must find him help I need to save my boy.
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