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Court sanctions Allen County judge

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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.

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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