ILNews

Hammond traffic judge faces misconduct charges

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Disciplinary Actions

Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without collecting 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, accusing him of going above state law in creating a deferral program that only a prosecutor is legally allowed to operate and not following the statutory framework for how courts assess and collect costs.

Judge Harkin has been on the bench since April 2001, and these allegations relate to his conduct beginning in 2005.

Two of the professional misconduct charges involve the judge referring hundreds of litigants to the traffic classes and then later dismissing their infractions on the condition that they complete those classes.

Hammond City Court Traffic School was usually taught by city police officers at the court. Judge Harkin would tell the litigants that their cases 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 in place from 2005 to early 2011. An administrative fee of $75 per litigant was charged from 2005 to 2009, and it increased to $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 rental of 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. 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.

This isn’t the first court-administered driving school that’s been questioned in Lake County.

Five years ago, Lake Superior Judge Julie Cantrell drew the attention of state judicial officials after concerns arose about the legality of her dismissing tickets of defendants who paid for traffic classes. Allegations surfaced that she was not reporting proceeds from that deferral program to the Indiana Bureau of Motor Vehicles and instead was funneling that money to other locations. Judge Cantrell denied any wrongdoing, but she eventually shut the program down after the judicial qualifications commission publicly cautioned her for improperly using those fees to give her staff $20,700 in salary bonuses.

In 2004, former Schererville Town Judge Deborah Riga was indicted for extortion and fraud based on kickbacks received from more than 1,000 defendants she’d sentenced to driving school and counseling classes through a program she secretly owned and from which she personally profited. She received a 15-month federal prison sentence in 2008 and was ordered to pay $12,120 in restitution to the town and state.

Judge Harkin has 20 days from June 30 to file an answer, though it’s not required. The Indiana Supreme Court can then 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 the Supreme Court would be responsible for imposing sanctions. Judge Harkin has no previous disciplinary history, according to the Indiana Supreme Court Roll of Attorneys.•

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. 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.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT