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Wednesday, November 26, 2008

Ind. Courts - In Indiana the judiciary is held – publicly and appropriately – to a high standard.

That is the conclusion of this editorial today in the Fort Wayne Journal Gazette. Some quotes:

An Allen Superior Court judge’s hearing scheduled for today before a special disciplinary panel is not taking place because his case was settled last week. Much to the credit of the Indiana Supreme Court and the state’s judiciary in general, that out-of-court settlement is available for all Hoosiers to see, weeks after the court made public details of the judge’s actions. * * *

The Supreme Court decided that the judge should be punished but should not be removed from the bench. That decision more appropriately rests with Allen County voters, who can decide for themselves – if the judge faces any opposition when he runs for re-election in 2010. Some voters may believe his action should not be forgiven, while others may well empathize with the circumstances: The judge berated – but did not shout at – a man he believes sold drugs to Scheibenberger’s son, whose death last year was drug-related. * * *

The incident is the latest in which the state’s highest court has made clear that judges who act inappropriately will face public discipline. Scheibenberger’s actions certainly did not rise to the level of a Marion Court judge who recently appeared before the same type of disciplinary panel Scheibenberger was to face.

On Tuesday, the Indiana Supreme Court suspended Marion Superior Court Judge Grant Hawkins and is weighing removing him from the bench permanently for dereliction of duty. Hawkins, the panel and a state judicial commission decided, was derelict in his duty for allowing a man to remain in prison for two years after DNA tests cleared him of a rape.

The public may believe that judges generally cover for one another, that they are allowed to get away with mistakes anyone else would pay for. That is not the case in Indiana, where the judiciary is held – publicly and appropriately – to a high standard.

Posted by Marcia Oddi on November 26, 2008 07:57 AM
Posted to Indiana Courts