ILNews

Court sanctions Allen County judge

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has suspended Allen Superior Judge Kenneth R. Scheibenberger for three days without pay as part of an agreement to resolve a judicial misconduct action.

An 11-page order issued Thursday outlines the sanctions and the circumstances of the judge's actions nearly a year ago, and also offers insight into the court's rationale. All justices concurred with the penalty and that proceeding costs are to be assessed against the judge. The parties had agreed to the penalty beforehand.

A full opinion hasn't been issued, but the court will release one "in due course" that includes details such as when the suspension starts, the order says.

Judge Scheibenberger had been set for a full-day disciplinary hearing before three special masters on Nov. 26, but that now won't happen. He was accused in August of misconduct for his behavior Nov. 30, 2007, in a colleague's courtroom. He's accused of suspending his court and sitting in on a sentencing hearing while wearing his robe, then creating a disturbance with deputy prosecutors before verbally berating a defendant in front of that person's family.

According to the statement attached to the order and accepted by the court, the judge's son had died accidentally prior to the courtroom event and Judge Scheibenberger believed at the time that the defendant in that case had some tangential or indirect role in his son's drug use, which contributed to the death. While he didn't intend on any confrontation, the judge and all parties agreed his conduct was in violation of judicial canons.

The parties agreed that a significant mitigating factor in this action was that Judge Scheibenberger was reacting as a grieving parent, that he's accepted responsibility and is remorseful, and that he's "undertaken appropriate measures to address his grief."

However, the parties also agreed that an aggravating factor in this action is a public admonition Judge Scheibenberger received in 2002 for conduct related to a misdemeanor case involving his son. In that action, 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 judge's Fort Wayne attorney, James Fenton, didn't return a phone call immediately this afternoon, and the judge also didn't immediately return a phone message left at his court.

In his late 50s, the judge has been on the bench since January 1992. He was admitted to the practice in October 1976.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  2. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  3. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  4. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

ADVERTISEMENT