ILNews

Justices order Marion traffic judge's suspension

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has suspended the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.

young Young

While the suspension hasn’t yet started, the unanimous order on Nov. 23 suspends Marion Superior Judge William E. Young for 30 days without pay for his conduct dating back to January 2009. A full opinion on this matter will be issued at a later time detailing when the suspension takes effect, according to the Supreme Court’s public information officer Kathryn Dolan. The order says the judge must also pay costs associated with the proceedings.

A disciplinary hearing before three master commissioners had been scheduled for Dec. 8, but this sanction agreed to in November canceled the need for that hearing. Short of that final opinion, this disciplinary sanction effectively closes a chapter for a judge who in the past year has been reversed by the state’s highest appellate courts, criticized by those higher jurists on more than one occasion for his practices and conduct, sued by litigants who’ve claimed unfair treatment and excessive fines in his court, and who’s prompted legislative outrage and revision to state law that now caps how much judges can impose for traffic fines.

The Indiana Commission on Judicial Qualifications in July formally charged the trial judge with misconduct on allegations that he “engaged in a practice of “imposing substantially higher penalties against traffic court litigants who chose to have trials and lost,” and that Judge Young “routinely made statements implying that litigants should not demand trials and would be penalized for doing so if they lost.”

One case the commission specifically focused on involved the judge’s conduct in the 2009 case of Christian Hollinsworth, who police pulled over in August 2007 for speeding. The case ultimately went to a bench trial last year before Judge Young. Just before the trial started, Hollinsworth’s attorney asked for a brief recess to “sign off” on a plea agreement, but no agreement was reached. The lawyer asked for a continuance, and Judge Young denied that and then wouldn’t allow a plea after Hollingsworth informed the court that she would accept one and didn’t want to proceed to trial.

Court records show that Judge Young “exhibited impatience” during trial by citing the time and his “full afternoon” docket when talking to Hollinsworth about a plea agreement, then told her, “I don’t know if I want to take your plea. I’d rather just go to trial, I think. I don’t like being jerked around at all, all right?” At sentencing, Judge Young noted that Hollinsworth had other pending charges for theft and battery and her attorney said those were alleged charges, to which the judge responded, “Sure they are.”

Hollinsworth received a year in county jail and her driving privileges were suspended for an additional 365 days. The judge also found her to be indigent, and didn’t impose any additional fines or penalties on the speeding conviction.

According to the Judicial Qualifications allegations, the judge “exhibited impatience and frustration” with Hollinsworth and her attorney, and made “sarcastic remarks” while insisting that the trial move forward despite the litigant’s objection.

The Indiana Supreme Court reversed that conviction on June 3 and ordered a new trial in the case of Hollinsworth v. State, No. 49S02-1006-CR-286, pointing specifically to Judge Young’s behavior that violated three judicial conduct canons requiring impartiality, patience, unbiased behavior, and recusal if a judge’s impartiality might be questioned.

“The trial court’s behavior in this case did not meet these standards,” the justices wrote.

In the statement of circumstances issued Nov. 23, Judge Young signed off on facts that included a point that he imposed substantially higher fines against unsuccessful litigants who’d insisted on trials because “he believed that those litigants shouldn’t have pursued trials and, in part, because he wanted to discourage other litigants from exercising their constitutional rights to trials.”

The document also notes the judge routinely did not consider specific circumstances of each case, such as a person’s driving record, in deciding how someone should be fined after the cases had been argued before him and lost.

“Judge Young acknowledges that he should impose the penalty based on an individualized assessment of the litigant and the particular case, even in traffic infraction cases,” the statement says. “Judge Young affirms to the community that he will do so on all future cases in which there is discretion to the penalty imposed as part of the judgment and will give appropriate consideration to each litigant’s specific circumstances.”

Though Judge Young didn’t file an answer to the charges, his agreement affirms the accuracy of the past conduct and those related charges against him. Two of the four counts brought against Judge Young were dismissed, and the agreement upheld counts I and II that delved into multiple Rules of the Code of Judicial Conduct: Rule 1.1 that requires judges to comply with the law; Rule 1.2 that requires judges to uphold the integrity of the judiciary and maintain high standards; Rule 2.2 that requires judges to be fair and impartial; Rule 2.3(A) requiring judges to not be biased or prejudiced; Rule 2.8(B) requiring judges to be patient, dignified, and courteous to lawyers and litigants; and Rule 2.11(A) mandating a judge recuse him or herself if a personal bias or prejudice exists.

In reaching this disciplinary agreement, the judicial commission pointed out that Judge Young has not had any prior misconduct record and he cooperated fully with this investigation. He served as a commissioner presiding over the county’s expedited court from 1995 to 2000 and has been on the bench since 2001. Judge Young presided over the drug court through 2008.

But in the past year, the judge’s conduct has caused uproar in the legislature, legal community, and general public. A federal lawsuit filed late last year accused the Criminal 13 judge of instituting a policy allowing defendants who come before his court and are found guilty to be fined up to an additional $500 just for challenging their tickets. That suit also detailed how the judge closes proceedings to the public. It has been remanded to state court and remains pending, but that litigation prompted outrage from the General Assembly and prompted the statutory changes targeting Judge Young – setting a series of maximum fines within the $500 limit under state law for moving violations that are Class C infractions, including speeding in regular zones and violations at stop signs and lights. The law now takes into account a person’s history of contesting tickets, and it will allow higher fines depending on the individual’s record of unsuccessful attempts on fighting tickets in court.

On top of this discipline, Judge Young faces civil penalties from that case. The Marion Superior Executive Committee has told Indiana Lawyer that it has not discussed reassigning Judge Young from the traffic court.•

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. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  2. Low energy. Next!

  3. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  4. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  5. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

ADVERTISEMENT