ILNews

Allen County judge faces misconduct charges

Michael W. Hoskins
January 1, 2008
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An Allen County judge is facing disciplinary charges for what is being described as misconduct in a fellow jurist's courtroom that involved verbally berating members of a defendant's family after a sentencing hearing.

Allen Superior Judge Kenneth R. Scheibenberger has been charged by the Indiana Commission on Judicial Qualifications with four counts of misconduct, filed Tuesday as a formal notice of disciplinary proceedings. The document can be viewed here.

The filed complaint states that on Nov. 30, 2007, Judge Scheibenberger suspended his court session and went to the courtroom of colleague Allen Superior Judge Frances Gull for the purpose of observing a sentencing hearing. Judge Scheibenberger sat in the gallery wearing his black judicial robe while a defendant was sentenced for a weapons violation, the notice says.

As the hearing concluded, he approached the deputy prosecutor at the front of the courtroom and "created a disturbance."

Judge Scheibenberger is accused of violating canons requiring judges to uphold the integrity of the judiciary and high standards of conduct, of not avoiding impropriety and promoting the public's confidence in the judiciary, committing conduct prejudicial to the administration of justice, and committing willful misconduct of office.

Now in his late 50s, the judge has been on the bench since January 1992. He was admitted into practice in October 1976.

This isn't the first time the judge has been in the news. In 2003, Judge Scheibenberger removed himself from a death penalty case after a defense attorney claimed the judge was impaired because of alcoholism, according to Indiana Lawyer archives.

That capital case involved Zolo Azania, who's been sentenced to die for the 1981 killing of a Gary police officer. The judge was appointed a special judge in this case because of pretrial news coverage, but he then checked himself into an alcohol rehabilitation program. At the time, Judge Scheibenberger told Indiana Lawyer that he was never intoxicated on the bench, his condition didn't affect his job, and that it didn't affect his ability or perception as a judge.

Judge Scheibenberger also received a public admonishment from the Indiana Supreme Court in December 2002 for conduct related to a misdemeanor case involving his son. The judge obtained his son's file from an employee in the clerk's office and made an entry about an upcoming hearing in the case, which was being handled by a magistrate and was continued to allow more time to prepare. The court punished him for conduct that didn't uphold the integrity of the judiciary and was also prejudicial to the administration of justice.

The judge did not return a telephone message left by Indiana Lawyer at his court office today, and the court docket doesn't show that an attorney has yet been assigned to represent him in this disciplinary action. Judge Scheibenberger may file an answer to the charges within 20 days, though that's not required.

After that, the Indiana Supreme Court will appoint three masters to conduct a hearing on the charges of judicial misconduct, according to the commission's counsel Meg Babcock. Those judges would file a report with the state's highest court, determining whether any misconduct occurred and whether any sanction should be issued. Penalties could range from private or public reprimands, suspension, or removal from office.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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