ILNews

Hammond traffic judge faces misconduct charges

Back to TopCommentsE-mailPrintBookmark and Share

Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without assessing required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.

The Indiana Commission on Judicial Qualifications filed formal charges against the city judge June 30; the charges relating to his conduct stretch back at least five years.

Two of the professional misconduct charges involve Judge Harkin’s operation of a traffic school deferral program that only the prosecutor is allowed by law to operate, and then conditionally dismissing infractions because of attendance. The Hammond City Court Traffic School was usually taught by city police officers Thursday evenings or Saturday mornings at the court.

Judge Harkin would tell the litigants that their case would be dismissed and no points assessed on their driver's licenses if they paid an administrative fee and successfully completed the traffic school class, the complaint says.

That practice was ongoing between 2005 and early 2011, with an administrative fee of $75 charged from 2005 to 2009 and then $100 starting last year. Instead of distributing money to the state, county, and city as required, the judge unlawfully distributed 60 percent of the administrative fee to Hammond for renting the meeting rooms and 40 percent to the Northwest Indiana Traffic School to administer the program.

An estimated $180,000 in fees should have been distributed to the state and county between January 2010 and March 2011, according to the charging document.

Despite annual audit warnings from the State Board of Accounts from 2005 to 2010, Judge Harkin continued operating the school and not assessing the required court costs against those defendants who successfully completed the courses, the complaint says.

A third misconduct charge stems from an August 2010 seatbelt violation case where defendant Matthew Aubrey alleged the judge made inappropriate comments to him and dissuaded him from contesting the ticket in court. When the judge called Aubrey’s name for the hearing to begin, the man said he had paperwork and legal analysis to support his defense against the ticket. Judge Harkin rolled his eyes and asked Aubrey if he was an attorney, the charges say, and then the judge suggested Aubrey should not exercise his right to trial. In part, Judge Harkin said it would cost “10 times more than the original ticket” because of court and legal costs, and that convinced Aubrey to admit the infraction.

The judicial qualifications commission alleges that Judge Harkin routinely acted without appropriate statutory or other legal authority in regard to the traffic school program and in not assessing the required court costs, as well as violating the conduct rules with his statements and conduct during the Aubrey proceedings.

On the bench since April 2001, Judge Harkin has no previous disciplinary history. He has 20 days to file an answer – though it’s not required – and then the Indiana Supreme Court would appoint three masters to hear the evidence and conduct a hearing if no settlement is reached. The state’s justices have final authority on any agreement or disciplinary decision, and if any misconduct is found they’d be responsible for any sanctions that might be necessary.

ADVERTISEMENT

  • About Time
    Glad someone caught up with him. Was in court with this guy & he refused to hear why my son claimed not guilty. Finally after 3 X's in court they realized that there was a mix up some how, they made us wait & they called the officer (who was not at any of the appearances before) so he could testify to the validity of the ticket. (It was for a right turn on red--The ticket they had in front of them was for speeding, no proof of insurance or registration. I think they had the wrong name also). Now I get a letter (with the wrong name on it but our address) saying that they are going to suspend my sons drivers license because he didn't show up in court or pay the ticket (Wrong name & we paid the ticket that my son got). I remember hearing other people signing up for this class. I know attorneys & I will get this fixed.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

ADVERTISEMENT