WARSAW — Indiana Judicial Administrative District 5 Judge, Terry Shewmaker has appointed Evan S. Roberts, judge of Elkhart Superior Court 1, as the special judge in the individual cases against C. Aaron Rovenstine, Mark Soto and Kevin Bronson.

Roventstine, Soto and Bronson were indicted by a Kosciusko County Grand Jury on Feb. 29, on multiple counts ranging from corrupt business influence, intimidation, official misconduct and bribery.

The appointment of a special judge was filed today, Friday, March 11, in Kosciusko Circuit Court. Kosciusko Circuit Court Judge Michael Reed filed on March 10, a potential conflict of interest and/or the probable appearance of impropriety with his continued service on all three cases and recused himself. The court, on its own motion, further notes pursuant to Kosciusko Local Rule CR Rule 13-6, no Kosciusko County Judge will be able to serve as special judge for the same reasons as the regular judge of the court recused himself, and referred the matter to the Chief Judge of the Administrative Judicial District.

LR CR Rule 13-6 states in the event no Kosciusko County judge is available for assignment or reassignment of a felony or misdemeanor case, the chief judge of the administrative judicial district of which Kosciusko County is a member, must appoint a special judge first from the other judges within the judicial district and then from judges in contiguous counties not within the judicial district. If the chief judge of the administrative judicial district is unable to make the appointment, the district judge who is not a judicial officer in Kosciusko County, with the most time of judicial service, shall make the appointment. In the event the judge presiding in a felony or misdemeanor case concludes the unique circumstances presented in the proceeding require appointment by the Indiana Supreme Court of a special judge, this presiding judge may request the Indiana Supreme Court for an appointment. The appointed judge, under this local rule, must accept the case unless: disqualified under the Code of Judicial Conduct; ineligible under the trial rules; or excused by the Indiana Supreme Court.

Documentation has also been filed by Rovenstine’s attorneys stating Rovenstine has waived his initial hearing, which was scheduled for Thursday, March 17. A status conference has been scheduled for 10 a.m. April 11 and a pre-trial conference is scheduled for 3 p.m. May 9. In both instances the status conference and pre-trial conference will be held in the judges chambers and not open to the public.

Judge Roberts

Roberts was appointed by Gov. Mitch Daniels on Dec. 30, 2005, as judge for Elkhart County Superior Court 1. He had served as a deputy prosecutor with the Elkhart County Prosecutor’s office since April 1999, where he served as a special prosecutor for domestic violence and sexual assault cases. He was re-elected to the court in 2008 and in 2014.

Prior to his appointment, Roberts served on active duty with the U.S. Marine Corps and worked in private practice in law firms in Nappanee, Bremen and Mishawaka. In 2011, Roberts was named the state’s outstanding judge by the Indiana Coalition Against Domestic Violence and in 2012 the Indiana Supreme Court commended him for the extensive and thoughtful analysis involving complex civil litigation.

Roberts is currently a lieutenant colonel in the Marine Corps Reserve, serving for 26 years. He is an instructor at the Naval Justice School, Newport, Rhode Island.

Roberts received his undergraduate degree from Purdue University and his JD from John Marshall Law School in Chicago.

Related:

Former Prosecutor Files Appearance for Rovenstine

Press Conference on Grand Jury Indictment