ILNews

Allen County judge regrets misconduct

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
An Allen County judge has publicly expressed his deep regret for failing to control his emotions late last year when he verbally berated members of a defendant's family following a sentencing hearing.

Allen Superior Judge Kenneth R. Scheibenberger filed a formal answer Aug. 8 to the charges lodged against him July 15 by the Indiana Commission on Judicial Qualifications. The judicial disciplinary body has charged him with four counts of misconduct for his behavior in a fellow jurist's courtroom in November.

At that time, Judge Scheibenberger suspended his court session and went to Allen Superior Judge Frances Gull's courtroom to watch a sentencing hearing. He sat in the gallery wearing his black judicial robe while the defendant was sentenced for a weapons violation, the notice says.

As the hearing concluded, Judge Scheibenberger approached the deputy prosecutor at the front of the courtroom and "created a disturbance," then turned to the defendant's parents in the front row and verbally berated their son.

Judge Scheibenberger is accused of violating canons that require 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 to practice in October 1976.

In a response to the formal charges, Fort Wayne attorney James Fenton wrote that his client "deeply regrets that he failed to prevent his emotions from affecting his conduct and recognizes that his actions were inappropriate. Judge Scheibenberger looks forward to reaching a satisfactory resolution of this matter in the near future."

The response also says the judge doesn't dispute the facts, but that he disagrees with certain conclusions that the commission seeks to draw from them, and that he believes other circumstances and material facts should be considered in his case.

Fenton wrote in an e-mail to Indiana Lawyer this morning that he's not permitted to speak about the case.

Now, the Indiana Supreme Court will appoint three masters to conduct a hearing on the charges of judicial misconduct, according to commission counsel Meg Babcock. The masters will file a report with the high court, and determine whether any misconduct occurred and if any possible sanction should be issued. Penalties could range from private or public reprimands, suspension, or removal from office.
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. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

ADVERTISEMENT