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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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