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Masters named in traffic judge’s misconduct case

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The Indiana Supreme Court has appointed the three masters in the case of Marion Superior Judge William Young.

Allen Superior Judge Frances C. Gull, Senior Judge Steven Fleece, and Henry Circuit Judge Mary G. Willis will hear evidence in the misconduct case against the traffic court judge.

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

Judge Young faces four counts of misconduct:

Count I is that he violated Rule 1.2 of the Code of Judicial Conduct, requiring judges to uphold the integrity of the judiciary and to maintain high standards of conduct; violated Rule 2.2 which requires judges to perform their duties fairly and impartially; violated Rule 2.3(A) requiring judges to perform their duties without bias or prejudice; violated Rule 2.8(B) that requires judges to be patient, dignified, and courteous to litigants and lawyers; violated Rule 2.11(A) that mandates that a judge disqualify himself when the judge has a personal bias or prejudice concerning a party; and overall that Judge Young committed conduct prejudicial to the administration of justice.

Count II centers on the judge’s general sentencing practice of imposing increased penalties against traffic infraction litigants for exercising their rights to trial. By engaging in that pattern of conduct, the judge allegedly violated Rules 1.1, 1.2, and 2.2 – requiring judges to comply with the law and prohibiting them from conduct prejudicial to the administration of justice.

Count III mirrors the above charge on the increased fines, but specifically focuses on that general practice after trials on traffic infraction cases.

Count IV charges that in 2009 Judge Young routinely attempted to coerce traffic court litigants into admitting infractions through his advisements, comments, projections about potential evidence, and misstatements about the burden of proof. The commission alleges that by doing so Judge Young violated Rules 1.2, 2.2, and 2.6(B), requiring judges to not act in a manner that coerces any party into settlement, and committed conduct prejudicial to the administration of justice.
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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