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Hammond traffic judge faces misconduct charges

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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.

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  • 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.

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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