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

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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT