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Allen County judge regrets misconduct

Michael W. Hoskins
January 1, 2008
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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.
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  1. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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