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Justices order new trial based on traffic judge's conduct

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The Indiana Supreme Court has set the stage for a judicial disciplinary action against a Marion County Traffic Court judge for his courtroom conduct on a speeding and suspended license case last year.

In a three-page per curiam opinion Thursday in Christian Hollinsworth v. State of Indiana, No. 49S02-1006-CR-286, the state justices reversed a woman's misdemeanor conviction for driving with a suspended license and remanded her case for a new trial. Justices wrote a carefully crafted ruling that sticks to procedural points but highlights bias displayed and inappropriate behavior by Marion Superior Judge William E. Young during plea negotiations and during a bench trial and sentencing.

Police pulled Hollinsworth over in August 2007 after radar showed she was traveling 66 mph in a 45-mph construction zone along westbound Interstate 70. The officer checking her information discovered her license had been suspended, and issued a citation for speeding and for driving with a suspended license - both misdemeanors she was later charged with. She failed to appear at her first court hearing, but later entered a preliminary not guilty plea before a bench trial started in February 2009.

Just before the trial started, her attorney asked for a brief recess to "sign off" on a plea agreement but no agreement was reached. The lawyer asked for a continuance, and Judge Young denied that and then wouldn't allow a plea after she informed the court she would accept one and didn't want to proceed to trial.

Court records show that Judge Young "exhibited impatience" during trial by citing the time and his "full afternoon" docket when talking to Hollingworth about a plea agreement, then told her, "I don't know if I want to take your plea. I'd rather just go to trial, I think. I don't like being jerked around at all, all right?" At sentencing, Judge Young noted that Hollingworth had other pending charges on theft and battery and her attorney said those were alleged charges, to which the judge responded, "Sure they are."

Hollingworth received a year in county jail and her driving privileges were suspended for an additional 365 days. The judge also found her to be indigent, and didn't impose any additional fines or penalties on the speeding conviction. The Court of Appeals in November issued a not for publication ruling on her suspended license appeal, affirming the conviction and sentence. Judges Elaine Brown and Melissa May determined the trial judge hadn't abused his discretion in denying the plea and his statements didn't amount to fundamental error, but wrote in a footnote that they didn't condone Judge Young's comments. Judge Terry Crone dissented after finding the judge had demonstrated the appearance of partiality and denied her a fair trial, and that meant he would reverse the conviction for a new trial.

Granting transfer, the Supreme Court agreed with that and found Hollingworth deserved a new trial on the misdemeanor conviction. Justices cited Indiana Judicial Conduct Canon 2, which requires a judge "to perform the duties of judicial office impartially, competently, and diligently;" they also cited Rule 2.2's comment 1, Rule 2.3(A), and Rule 2.8(A) - which respectively require the jurists act "without bias or prejudice," that the judges "be patient, dignified, and courteous to litigants," and that a judge disqualify himself or herself if their impartiality might reasonably be questioned.

"The trial court's behavior in this case did not meet these standards," the justices' ruling says, vacating the intermediate appellate order and sending it back to the Marion County judge for a new trial.

Justice Theodore Boehm agreed with the majority on the merits of the case, but wrote that he would have denied transfer because the executed sentence in this case has already expired.

While the ruling indicates that Judge Young fell short of meeting the judicial conduct standards, it doesn't go into any potential disciplinary matters. That would be up to the Judicial Qualifications Commission to explore; those investigations are confidential until a verified complaint is filed or until the commission issues an admonishment or turns an action over to the Supreme Court for possible disciplinary action. The appellate court docket does not show any misconduct actions filed concerning Judge Young.

This is not the first case where Judge Young's conduct has raised questions. His traffic court practices have been the subject of a separate state suit that got transferred to federal court last year but is now back in that county court. In May, the Supreme Court appointed Morgan Circuit Judge Matthew Hansen as special judge in the case of Toshinao Ishii, et. al. v. Marion Superior 13, the Hon. William E. Young, Judge, and the City of Indianapolis, No. 49D11-0912-PL-55538, which is a class action complaint seeking to end the policies put in place by Judge Young since he took the traffic court bench in January 2009. The suit accuses the judge of instituting fine and access policies that undermine confidence in the judiciary's integrity and impartiality, and are highly prejudicial to litigants.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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