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Judicial candidate barred from office for 5 years

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The attorney who made statements regarding Franklin Circuit Judge Steven Cox’s release of a prisoner during the time she was challenging him for his spot on the bench last fall cannot seek judicial office for five years, the Indiana Supreme Court ruled Thursday. The justices also publicly reprimanded Tammy R. Davis of Brookville.

The Indiana Commission on Judicial Qualifications filed seven disciplinary charges against Davis, alleging she made statements she knew were inaccurate about Cox’s modification of a sentence that led to the release of David Ison to probation in 2010. Ison was recently convicted and sentenced for the September 2011 murders of five people. He also committed armed robbery in Ohio in February 2011.

Three examples of Davis’ conduct warranted her discipline. The ICJQ said Davis left voters with the mistaken impression that Ison would still have been in jail and couldn’t have committed certain crimes, that Cox and Ison are friends, and that Cox “worked for (Ison) for free.”

The commission told Davis in August 2012 that an ethical complaint had been lodged against her because of her campaign statements and that she should publicly retract the misinformation. Davis instead continued to post to her campaign website implying that Ison would have been in jail and not committed the Ohio crime if Cox hadn’t modified his sentence.

Davis and the ICJQ entered into an agreement in April regarding what her discipline should be, as the parties agreed Davis violated Rule 4.2(A)(1) of the Code of Judicial Conduct.  The justices accepted the settlement agreement and dismissed counts 1, 4 and 7 of the complaint. Davis may not seek judicial office until after May 7, 2018, and she is publicly reprimanded for her conduct.

The order also allowed the commission to replace its original Count 2 with an amended Count 2. The costs of the proceedings are assessed against Davis.

 

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