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JQC files charge against St. Joseph Judge Peter Nemeth

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St. Joseph Probate Judge Peter Nemeth’s comments in denying an interpreter for an 18-year-old deaf person who was the subject of a guardianship proceeding have resulted in disciplinary charges filed by the Indiana Judicial Qualifications Commission.

Nemeth is alleged to have made derogatory comments suggesting that it was inappropriate that the litigant request that “the taxpayers pay for” an interpreter when the she “hadn’t paid taxes for several years,” according to a statement from the commission. Nemeth denied the request and ordered the litigant to provide a deaf interpreter for the permanent guardianship hearing, but later revised the order after the litigant brought the relevant portions of the Americans with Disabilities Act to the court office, according to the statement.

The commission announced a notice of the institution of formal proceedings and statement of charges against Nemeth that allege the statements made during hearings in March and May 2011 violated the following rules of the Code of Judicial Conduct:

  •  Rule 1.2, which requires judges to act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary;
  •  Rule 2.2, which requires judges to perform all duties of judicial office fairly and impartially;
  •  Rule 2.3(B), which requires judges to not act, in the performance of judicial duties, in a manner that manifests bias or prejudice; and,
  •  Rule 2.8(b), which requires judges to be patient, dignified, and courteous to litigants.

The commission also claims he engaged in conduct prejudicial to the administration of justice.

Nemeth has served as the judge of St. Joseph Probate Court since 1993 and has been a member of the Indiana bar since 1966. Nemeth may file an answer to the charges with the Indiana Supreme Court within 20 days of receiving notice of the charges. The Indiana Supreme Court then will appoint three judges as masters to conduct a public hearing.

The Indiana Supreme Court has final authority for judicial discipline. The court can dismiss the charges or impose sanctions ranging from a reprimand to a permanent ban on holding a judicial office in Indiana.

Nemeth’s term ends this year and he is not seeking re-election.

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  • pretextual
    there is nothing here that suggests insult to the deaf person. if he said the foster parent hadnt paid taxes and it was true then so what. the interpreter was provided, no harm no foul. this complaint is most likely pretextual of some unrelated political rivalry and we all know that it probably has nothing to do with deaf and disabled anything. as for insults you insulted me, but thats ok. I am not the one who gets all heated up over offhand comments. people can have an opinion and we dont all need to wet the bed over it.
  • @John
    No, you're stupid. That Deaf son has feeling. I'm sure he felt hurt that the judge insulted him. Her foster mother not paying taxes has nothing to do with him. The judge violated rules of the Code of Judicial Conduct. I know several other judges have insulted Deaf litigants.
    • Correction
      Excuse me, I should have written title VI for limited English litigants, and title II for ADA protections for the deaf.
    • Justified and correct
      I have seen more than one judge belittle deaf litigants and give them a hard time about interpreters when the court is legally required to provide them at no cost, usually because they accept some federal funds and Title VII requires it. Why should disabled or limited English people first have to suffer some sort of humiliating verbal abuse before the judge follows his/her responsibilities and appoints an interpreter?
    • frivolous
      This complaint is stupid. I dont see where the beef is if the interpreter was actually appointed. No harm done. Somebody's trying to shame a judge for an off the cuff remark that is probably true?

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      1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

      2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

      3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

      4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

      5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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