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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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

      2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

      3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

      4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

      5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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