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Madison County judge resigns amid misconduct investigation

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A longtime Madison County judge who's been repeatedly sanctioned and even suspended in the past is resigning amid a new investigation into his alleged misconduct during a 2007 murder trial.

Madison Circuit Judge Frederick Spencer, who's been on the bench for 26 years, is stepping down Friday following months of investigation by the Indiana Commission on Judicial Qualifications.

The judge sent a letter to Gov. Mitch Daniels about his resignation, according to Indiana Supreme Court spokeswoman Kathryn Dolan. That letter says the resignation takes effect at 11:59 p.m. Friday with full benefits, including 60 percent of his salary.

"I have almost 40 years of public service," the judge wrote. "I have served my county, my state, my country and my hometown. I look forward to a less stressful life."

The judicial ethics commission had been investigating Judge Spencer's conduct related to the case of State v. Ward, No. 48C01-0612-MR-00480, in which Kathy Jo Ward was convicted of voluntary manslaughter in the shooting death of her husband while he slept.

Details of that investigation or the judicial conduct issues stemming from the Ward case weren't public at the time Judge Spencer's resignation was announced, but some details have been outlined in press coverage of the investigation. News articles from the Anderson Herald Bulletin earlier this year cite a letter to the judicial commission from an Anderson attorney involved in the Ward case. Allegations are that Judge Spencer initiated ex parte communications concerning matters pending in the court, decided issues prematurely and on the basis of improper considerations, and attempted to deprive a person of her constitutional right to appeal and her statutory right to seek modification of her sentence.

Dolan declined to elaborate on the details leading up to the judge's resignation this week. She said the commission decided to close its investigation in light of Judge Spencer's resignation, and that officials had determined his prompt resignation "was in the best interest of the judiciary and the public."

This is the fifth time in 12 years that Judge Spencer has faced a judicial misconduct investigation and received a sanction as a result:

• In November 2003, Judge Spencer received a 30-day suspension after he appointed a special prosecutor without having a hearing in a 2001 case involving a group of teenagers placing explosives around an attorney's home.

• In December 2001, the judge received a public reprimand by the Indiana Supreme Court after a re-election television ad from the prior year was found to have violated the Code of Judicial Conduct - specifically prohibiting judicial candidates from making promises of conduct in office, from making statements that commit them to issues likely to come before the court, and for failing to maintain the dignity of the office.

• In December 1999, the Judicial Qualifications Commission publicly admonished Judge Spencer for entertaining and granting an ex parte petition for change of child custody without notice to the custodial father and for failing to communicate with a Florida judge who had assumed jurisdiction over the case.

• In October 1997, the commission sent a private letter to Judge Spencer after its investigation into a complaint about his alleged ex parte communications.

The online appellate docket also shows Judge Spencer has had 14 recusal or writ requests filed against him on various cases.

Multiple claims have come up in recent years about Judge Spencer's conduct during criminal proceedings, and local lawyers have made multiple requests for recusals and publicly stated they could not receive a fair trial for their clients in front of the judge. The issues have surfaced in rulings from the Indiana Court of Appeals, and were brought up by the judge's opponent in the November 2006 election.

The Ward case that led to the judicial investigation remains ongoing in the post-conviction relief phase, and it's been moved to Madison Superior Judge Thomas Newman's courtroom. Judge Spencer had sentenced Ward to 30 years in prison, and the Indiana Court of Appeals in April 2008 upheld her sentence. Attorneys expect a hearing within the next couple of months on a petition to modify her sentence.

In his early 70s, Judge Spencer has been practicing since 1971 and first took the bench in 1983. He won his latest re-election in 2006 and his term was set to expire in 2012. The Indiana Supreme Court today appointed Senior Judge Jack L. Brinkman to serve as Judge Pro Tem until the governor names someone to fill the vacancy until the next election. Judge Brinkman reitred from Madison Superior Court 2 at the end of 2008.

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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