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Justices order new trial based on traffic judge's conduct

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The Indiana Supreme Court has set the stage for a judicial disciplinary action against a Marion County Traffic Court judge for his courtroom conduct on a speeding and suspended license case last year.

In a three-page per curiam opinion Thursday in Christian Hollinsworth v. State of Indiana, No. 49S02-1006-CR-286, the state justices reversed a woman's misdemeanor conviction for driving with a suspended license and remanded her case for a new trial. Justices wrote a carefully crafted ruling that sticks to procedural points but highlights bias displayed and inappropriate behavior by Marion Superior Judge William E. Young during plea negotiations and during a bench trial and sentencing.

Police pulled Hollinsworth over in August 2007 after radar showed she was traveling 66 mph in a 45-mph construction zone along westbound Interstate 70. The officer checking her information discovered her license had been suspended, and issued a citation for speeding and for driving with a suspended license - both misdemeanors she was later charged with. She failed to appear at her first court hearing, but later entered a preliminary not guilty plea before a bench trial started in February 2009.

Just before the trial started, her 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 she informed the court 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 Hollingworth 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 Hollingworth had other pending charges on theft and battery and her attorney said those were alleged charges, to which the judge responded, "Sure they are."

Hollingworth 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. The Court of Appeals in November issued a not for publication ruling on her suspended license appeal, affirming the conviction and sentence. Judges Elaine Brown and Melissa May determined the trial judge hadn't abused his discretion in denying the plea and his statements didn't amount to fundamental error, but wrote in a footnote that they didn't condone Judge Young's comments. Judge Terry Crone dissented after finding the judge had demonstrated the appearance of partiality and denied her a fair trial, and that meant he would reverse the conviction for a new trial.

Granting transfer, the Supreme Court agreed with that and found Hollingworth deserved a new trial on the misdemeanor conviction. Justices cited Indiana Judicial Conduct Canon 2, which requires a judge "to perform the duties of judicial office impartially, competently, and diligently;" they also cited Rule 2.2's comment 1, Rule 2.3(A), and Rule 2.8(A) - which respectively require the jurists act "without bias or prejudice," that the judges "be patient, dignified, and courteous to litigants," and that a judge disqualify himself or herself if their impartiality might reasonably be questioned.

"The trial court's behavior in this case did not meet these standards," the justices' ruling says, vacating the intermediate appellate order and sending it back to the Marion County judge for a new trial.

Justice Theodore Boehm agreed with the majority on the merits of the case, but wrote that he would have denied transfer because the executed sentence in this case has already expired.

While the ruling indicates that Judge Young fell short of meeting the judicial conduct standards, it doesn't go into any potential disciplinary matters. That would be up to the Judicial Qualifications Commission to explore; those investigations are confidential until a verified complaint is filed or until the commission issues an admonishment or turns an action over to the Supreme Court for possible disciplinary action. The appellate court docket does not show any misconduct actions filed concerning Judge Young.

This is not the first case where Judge Young's conduct has raised questions. His traffic court practices have been the subject of a separate state suit that got transferred to federal court last year but is now back in that county court. In May, the Supreme Court appointed Morgan Circuit Judge Matthew Hansen as special judge in the case of Toshinao Ishii, et. al. v. Marion Superior 13, the Hon. William E. Young, Judge, and the City of Indianapolis, No. 49D11-0912-PL-55538, which is a class action complaint seeking to end the policies put in place by Judge Young since he took the traffic court bench in January 2009. The suit accuses the judge of instituting fine and access policies that undermine confidence in the judiciary's integrity and impartiality, and are highly prejudicial to litigants.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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