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Justices suspend former judge for misconduct

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The Indiana Supreme Court has suspended a northwest Indiana attorney for helping a litigant whose cases he’d presided over more than a decade ago when he was a Jasper Superior judge.

Earlier this week, the state’s highest court issued a 30-day suspension with automatic reinstatement for Rensselaer lawyer Robert V. Monfort, who had served on the Jasper Superior 2 bench from 1994 until that court closed in 2000. This disciplinary action stems from two criminal drunk driving cases Monfort handled in 1998 for a defendant identified as T.W., in which the judge had convicted and sentenced the man to 365 days behind bars.

In 2009, almost a decade after the Superior court’s closure and Monfort had entered private practice, T.W. contacted the former judge to explore the possibility of having those past convictions vacated. Monfort met with the local prosecutor and when the matter later went to court, T.W. filed a petition that said he was acting pro se. But at a hearing on the petition Monfort sat at the counsel table with T.W. and told the presiding judge that he was not representing the man, but rather was just there to “lay the background for the court.” Later at the hearing, T.W. testified that Monfort’s law office had prepared the petition and that he’d paid for the lawyer’s services.

The Supreme Court’s Disciplinary Commission reached an agreement finding that Monfort had violated three Indiana Professional Conduct Rules – 1.12(a) that prohibits attorneys from representing someone in connection with a matter that the lawyer participated in personally and substantially as a judge without the consent of all parties in the proceeding; 3.3(a)(1) that deals with knowingly making a false statement of fact to a tribunal; and 8.4(c) that prohibits attorneys from engaging in conduct involving deceit or misrepresentation. No aggravators were offered, and the parties agreed the mitigators were that Monfort had no disciplinary history since his admission in 1988, that he expressed remorse, and that he cooperated with the Disciplinary Commission.

“The discipline for Respondent’s misconduct would likely be more severe had this matter been submitted without an agreement,” Chief Justice Randall T. Shepard wrote for the unanimous court, not including Justice Steven David who didn’t participate. “However, in light of the Court’s desire to foster resolutions of lawyer disciplinary cases, the Court now APPROVES and orders the agreed discipline.”
Monfort’s month-long suspension begins June 24, according to the order in The Matter of Robert V. Monfort, 37S00-1008-DI-418.

Before opening his criminal and civil general practice as a solo practitioner, Monfort had presided over the short-lived Jasper Superior 2, which was created in 1990. Judge Patricia Riley held that seat until her appointment in 1993 to the Indiana Court of Appeals, and Monfort succeeded her on the bench. But a legislative omnibus spending law passed in 1995 called for closing the court. Monfort sued to keep it open – that case ended up before the state’s Supreme Court and in 2000 the justices held that the legislature has the constitutional authority to abolish a court of general jurisdiction but that it couldn’t be closed before the current presiding judge’s term expired.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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