ILNews

St. Joseph County magistrate receives public admonition

Back to TopCommentsE-mailPrintBookmark and Share

St. Joseph Probate Magistrate Barbara Johnston received a public admonition Thursday stemming from an ex parte ruling she made in 2011 which denied the father due process in a custody hearing.

The Indiana Commission on Judicial Qualifications issued the public admonition after Johnston’s admission that her actions violated the Indiana Code of Judicial Conduct and trial court rules designed to ensure basic due process. She violated Rules 1.1, 1.2, 2.2 and 2.5 of the Code of Judicial Conduct, which require judges to ensure fairness, impartiality, diligence and integrity of the judiciary. She also violated Rule 2.9(A), which forbids ex parte contacts absent a true emergency.

In the August 2011 hearing, the maternal grandparents of a child whose mother had recently died filed a motion asking for custody of the child. Paternity had been established for the child, and the father had been making support payments. However, the grandparents and their attorney did not provide the father with a copy of the motion or notify him of the hearing and the fact that they were seeking custody.

Johnston set a hearing date and, when the father did not appear, the hearing was held and testimony on the custody motion was heard without the father’s presence. No effort was made to check the contact information the father had on file with the clerk’s office and use that information to notify him of the proceedings.

An ex parte change of custody order was granted to the grandparents and an order to change support payments was issued without giving the father an opportunity to be heard. Several months later, when the father learned of the court order, he hired an attorney and was granted custody of his child.

The commission determined that formal disciplinary charges are warranted against Johnston, but in lieu of formal disciplinary proceedings a public admonition would be issued. The admonition concludes the commission’s investigation, and Johnston will not formally be charged with ethical misconduct. The commission indicated that Johnston cooperated in the matter and acknowledged she violated the Code of Judicial Conduct by entertaining and granting an ex parte motion without prior notice to the noncustodial father or an opportunity for him to be heard.

“The Commission recognizes that when child custody is at issue, judicial officers may be confronted with parties, and their attorneys, desperately seeking urgent judicial intervention. Such occasions call upon all judges and lawyers to proceed with heightened awareness of and high regard for the importance for a parent’s right to be heard. In the absence of a true emergency that presents a risk of irreparable injury to a child, such right must be scrupulously honored and protected. This fundamental notion has long been emphasized and enforced by both the Indiana Supreme Court Disciplinary Commission and the Indiana Judicial Qualifications Commission,” the admonition states.


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

ADVERTISEMENT