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Marion Superior traffic judge charged with misconduct

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A Marion Superior judge presiding over the county’s traffic court faces four judicial misconduct charges as a result of his general handling of traffic infraction cases and one suit in particular, where the state justices have described him as being “biased.”

In a seven-page charging document issued today, the Indiana Commission on Judicial Qualifications formally outlined the misconduct allegations against Marion Superior Judge William E. Young, who’s been publicly criticized, sued, and even reversed by the state justices for his handling of traffic court cases that have come before him since January 2009.

The commission alleges he “engaged in a practice of imposing substantially higher penalties against traffic court litigants who chose to have trials and lost,” and the commission also alleges that Judge Young “routinely made statements implying that litigants should not demand trials and would be penalized for doing so if they lost.”

Specifically, the commission detailed the judge’s alleged misconduct in the 2009 case of Christian Hollinsworth, who police pulled over in August 2007 for speeding. The case ultimately went to a bench trial last year before Judge Young.

Just before the trial started, Hollinsworth’s 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 Hollinsworth 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 Hollinsworth 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 Hollinsworth had other pending charges on theft and battery and her attorney said those were alleged charges, to which the judge responded, "Sure they are."

Hollinsworth 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.

According to the Judicial Qualifications allegations, the judge “exhibited impatience and frustration” with Hollinsworth and her attorney, and made “sarcastic remarks” while insisting that the trial move forward despite the litigant’s objection.

The Indiana Supreme Court reversed that conviction on June 3 and ordered a new trial in the case of Hollinsworth v. State, No. 49S02-1006-CR-286, pointing specifically to Judge Young’s behavior that violated three judicial conduct canons requiring impartiality, patience, unbiased behavior, and recusal if a judge’s impartiality might be questioned.

“The trial court’s behavior in this case did not meet these standards,” the justices wrote.

While that ruling indicated that Judge Young fell short of meeting the conduct standards, it didn’t go into any potential disciplinary matters and left that up to the Judicial Qualifications Commission to review.

Now, the commission is charging Judge Young with four counts:

Count I is that he violated Rule 1.2 of the Code of Judicial Conduct, requiring judges to uphold the integrity of the judiciary and to maintain high standards of conduct; violated Rule 2.2 which requires judges to perform their duties fairly and impartially; violated Rule 2.3(A) requiring judges to perform their duties without bias or prejudice; violated Rule 2.8(B) that requires judges to be patient, dignified, and courteous to litigants and lawyers; violated Rule 2.11(A) that mandates that a judge disqualify himself when the judge has a personal bias or prejudice concerning a party; and overall that Judge Young committed conduct prejudicial to the administration of justice.

Count II centers on the judge’s general sentencing practice of imposing increased penalties against traffic infraction litigants for exercising their rights to trial. By engaging in that pattern of conduct, the judge allegedly violated Rules 1.1, 1.2, and 2.2 – requiring judges to comply with the law and prohibiting them from conduct prejudicial to the administration of justice.

Count III mirrors the above charge on the increased fines, but specifically focuses on that general practice after trials on traffic infraction cases.

Count IV charges that in 2009 Judge Young routinely attempted to coerce traffic court litigants into admitting infractions through his advisements, comments, projections about potential evidence, and misstatements about the burden of proof. The commission alleges that by doing so Judge Young violated Rules 1.2, 2.2, and 2.6(B), requiring judges to not act in a manner that coerces any party into settlement, and committed conduct prejudicial to the administration of justice.

Judge Young now has 20 days to respond to the charges, but that answer is not mandatory. Following that, the Supreme Court will appoint three special masters to conduct a public hearing on the disciplinary charges, and the masters will then issue a report for the justices’ consideration. If the case isn’t settled at any point, the Supreme Court can dismiss the charges or impose sanctions ranging from a private or public reprimand to a permanent ban on holding judicial office in Indiana.

Aside from this disciplinary matter, Judge Young – who’s been on the bench since January 2001 -- also faces pending questions in other cases resulting from his behavior on the traffic court bench during the past 17 months. A class action case, Toshinao Ishii, et. al. v. Marion Superior 13, the Hon. William E. Young, Judge, and the City of Indianapolis, No. 49D11-0912-PL-55538, 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. It’s pending in county court, and the justices in May appointed a special judge to hear the case.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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