Work on behalf of the indigent and mentally ill marked Avery’s judicial career

Fort Wayne, Ind. – Allen Superior Court Judge David Avery, whose career in the judiciary focused on improving the lives of the indigent and mentally ill, will retire from the bench effective Dec. 13, 2024.

Last week, Judge Avery informed Indiana Supreme Court Chief Justice Loretta Rush and Indiana Governor Eric Holcomb of his intent to retire. Judge Avery’s announcement concludes a career as a Judge that began in August of 2000 with his appointment by Governor Frank O’Bannon.

Judge Avery was re-elected in 2004, 2010, 2016 and 2022. Throughout his time on the bench, Judge Avery has served as one of four Judges in the Allen Superior Court Civil Division.

Honorable David J. Avery

Judge David Avery

Judge Avery is a 1976 graduate of the Valparaiso University School of Law. He was admitted to the Indiana Bar in October 1976. Judge Avery received his undergraduate degree in Economics from Illinois State University in Bloomington, Ill.

“When I was considering the direction my career should take, I wanted a way to make positive change from within the system,” Avery said. “I am so grateful to have had this opportunity to serve as a judge. I hope that I am remembered for promoting trust and respect for our system of justice by those who I was fortunate to have come before me.”

Judge Avery currently handles requests for conditional driving privileges, allowing individuals with suspended licenses to drive to work, doctor’s appointments and other essential services. Until September 2020, he oversaw mental health detentions and commitments. Judge Avery was involved in development of the Crisis Intervention Team program for the Fort Wayne Police Department and he has assisted in the CIT training of law enforcement officers.

“David Avery is the sort of public servant we all hope for and don’t find often enough,” said Judge Jennifer DeGroote, Administrative Judge of the Superior Court Civil Division. “He quietly does his job and so much more. He has improved the lives of thousands of people in our community without fanfare or celebration. We will miss him enormously.”

Judge Avery has also been involved in the development of voluntary, pro-bono legal services on behalf of indigent individuals who are in need of legal services. He serves as a member of the board of directors of the Volunteer Lawyer Program of Northeastern Indiana and currently serves as Chair of the Board of Directors of Pro Bono Indiana.

In his letter to Governor Holcomb, Judge Avery, reflecting on his career, said: “The past twenty-three years have been the most satisfying of my forty-seven years as a licensed attorney. I have been blessed beyond measure. I am deeply grateful for the opportunity to have served the people of Allen County and the State of Indiana.”

Judge Avery’s work has been recognized by the National Alliance for the Mentally Ill, Mental Health America in Allen County and Indiana State Bar Association. In 2021, he was named a “Distinguished Barrister” by The Indiana Lawyer, the industry newspaper for Indiana’s legal community.

“Dave leaves a legacy of wisdom, fairness and integrity in the pursuit of justice,” said Judge Craig Bobay. “He has made a profound impact on the legal profession and the community.”

“Since his first day as Judge, Dave Avery has been a champion for people he would never meet and who might never know of his advocacy on their behalf,” added Judge Andrew Williams. “Judge Avery’s desire to help those who otherwise might slip through the cracks is without equal.”

Judge Avery’s successor will be appointed by Governor Holcomb from a group of finalists to be identified by the Allen County Judicial Nominating Commission. The timing of that process will be announced in the future by the Governor’s Office.

That person will complete the remainder of Judge Avery’s current term, which ends Dec. 31, 2028.

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For a full biography of Judge Avery, visit http://www.allensuperiorcourt.us/meet-the-judges

715 S. Calhoun Street, Fort Wayne, IN 46802

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