« Ind. Econ. Dev. - After losing Mittal to Chicago, Indiana goes after Bass Pro Shops | Main | Ind. Gov't. - Last of 3-part series on juvenile facility problems »

Tuesday, October 18, 2005

Ind. Courts - Judicial Commission admonishes Marion Superior Court Commissioner over ex parte order

A press release from the Supreme Court this morning reads:

The Indiana Commission on Judicial Qualifications issued today a Public Admonition of Commissioner Christopher B. Haile, Marion Superior Court, Civil Division 11. The Commission is a seven-member body comprised of the Chief Justice of Indiana, three lawyers elected by lawyers throughout the State, and three non-lawyers appointed by the Governor. Supreme Court rules allow the Commission to publicly admonish judges for violations of the Code of Judicial Conduct in lieu of proceeding to charges and a public hearing if the judge consents to that resolution.
Here is the Public Admonition document itself. A quote:
The Indiana Commission on Judicial Qualifications, having determined that formal disciplinary charges are warranted, issues instead this Public Admonition of Christopher B. Haile, Commissioner, Marion Superior Court, Civil Division 11. This Admonition is issued pursuant to Supreme Court Admission and Discipline Rule 25 VIII E(7) and with the consent of Commissioner Haile. Commissioner Haile cooperated fully with the Commission in this matter and acknowledges he violated the Code of Judicial Conduct, specifically Canon 3B(8), which requires judges to provide every person with a legal interest in a proceeding the opportunity to be heard and prohibits judges from permitting or considering ex parte communications. * * *

Under certain circumstances, a judge may issue an order of this kind without prior notice to the other party. Generally, this is permissible where the court finds a true emergency exists and the petitioner provides reasons notice should not be required before the court considers the petition. In this case, neither a dental appointment nor school orientation a week later constituted an emergency justifying an ex parte order.

Posted by Marcia Oddi on October 18, 2005 11:12 AM
Posted to Indiana Courts