Special prosecutor sought in Clark County Drug Court matter

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Problems in a southern Indiana drug court – including the jailing of multiple people for months without due process – have led to a formal request for a special prosecutor.

Clark County Prosecutor Steven D. Stewart Tuesday requested appointment of a special prosecutor “to avoid the appearance of impropriety during any further investigation and prosecution of this case, if any,” in the case unfolding in Jeffersonville.

Stewart petitioned Clark Circuit No. 3 Judge Joseph Weber to make the appointment. “Indiana State Police … opened an investigation relating to allegations of abuses by officers and employees of the Clark Circuit Court No. 2 Drug Court, including allegations which may constitute crimes under Indiana law,” Stewart’s petition said.

Clark Circuit No. 2 Judge Jerry Jacobi oversees drug treatment court. Jacobi did not return a message seeking comment Tuesday.

At least six drug court participants appear to have been jailed either without representation of an attorney or a hearing, according to IL research and attorneys familiar with the cases. Destiny Hoffman’s detention came to light last week after a deputy prosecutor discovered during a review of case files that Hoffman had been jailed more than 150 days after Jacobi had ordered her detained for 48 hours for providing a diluted drug screen.

The deputy prosecutor also turned up at least two other cases in which drug court participants had been ordered jailed pending placement in a treatment facility or as a 48- to 72-hour sanction for a violation, but wound up spending months behind bars.

Charges against Hoffman and at least two others were dropped after the detentions were discovered.

Louisville attorney Michael Augustus said Tuesday he is representing at least five people who claim civil rights violations connected to the alleged drug court abuses.

In addition to improper detentions, current and former drug court staff members have been accused of unauthorized arrests and searches of drug court participants. Jacobi recently fired drug court director Susan Knoebel and suspended a drug court staff member, both of whom were accused of carrying out the arrests and searches. Knoebel told the News and Tribune of Jeffersonville she was acting on Jacobi’s orders.
Watch for more on the Clark County Drug Court in the Feb. 12
Indiana Lawyer.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues