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Opponent's claims against judge regarding killer result in disciplinary charges

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The woman challenging Franklin Circuit Judge Steven Cox for his job faces seven disciplinary charges over statements attributed to her about the judge’s release of a prisoner who a year later killed five people, according to a statement Friday from the Indiana Judicial Qualifications Commission. The commission has asked for a public hearing on the charges.

Tammy R. Davis of Brookville is accused of making statements she knew were inaccurate about Cox’s modification of a sentence that resulted in the release of David Ison to probation in July 2010. Ison in March was sentenced to life in prison without parole after pleading guilty to the murders of Roy Napier and his estranged wife, Angela Napier; their children, Jacob and Melissa Napier; and Henry Smith in the small town of Laurel.

The killings took place in September 2011. Davis is accused of insisting that Ison’s earliest release date was March 2011. “Although Ison’s release date should have been listed as September 21, 2010, Department of Correction records inaccurately reflected that Ison’s new out date was March 23, 2011,” according to the charges.

“Davis left voters with the mistaken impression that Ison still would have been in jail in February and/or September 2011 and could not have committed certain crimes,” according to one of the charges against her.

The commission provided DOC records to Davis but said in announcing the charges that she “failed to correct the misleading statements made by or attributed to her that gave the inaccurate impression to the public that the defendant would have been in prison and would not have been able to commit certain crimes, including murder, had Judge Cox not modified the sentence.”

Davis also is accused of alleging that Cox modified Ison’s sentence because the two were boyhood friends, a charge the JQC said is unsupported by evidence.

The JQC said Davis’ statements regarding Ison appeared in local newspapers, in her campaign literature and on her campaign website. According to the JQC, the charges are:

  • Counts 1 and 3: Davis failed to correct inaccurate statements attributed to her in newspaper articles, an alleged violation of Rule 4.2(A)(1) of the Code of Judicial Conduct, requiring that candidates act at all times in a manner consistent with the independence, integrity and impartiality of the judiciary;
  • Count 2: Davis made, with reckless disregard for the truth, inaccurate statements on her campaign website and in political ads in violation of Rule 4.1(A)(1) of the Code of Judicial Conduct, which requires judicial candidates to not knowingly, or with reckless disregard for the truth, make any misleading statement;
  • Count 4: Davis’ statement on her campaign website that intended to give the impression to voters that her opponent was granting favors to a defendant based on some improper relationship was a violation of Rule 4.2(A)(1);
  • Count 5: Davis’ quote in an August political advertisement gave the improper impression that her opponent could not be trusted with the community’s safety and was a violation of Rule 4.2(A)(1); and
  • Counts 6 and 7: Davis authorized statements such as “Franklin County deserves an honest judge who will do the right thing” in campaign ads and claimed that Cox should not have filed an ethical complaint with the commission in violation of Rule 4.2(A)(1).


The JQC asked the Supreme Court for a public hearing on the charges. Davis has 20 days to answer the charges, after which the Indiana Supreme Court will appoint three judges as special masters to conduct a public hearing, according to the JQC’s statement.
 
The Supreme Court has final authority over judicial discipline and can dismiss the charges or impose sanctions ranging from a reprimand to a permanent ban on holding a judicial office in Indiana.

Davis’s website, www.tammydavisforjudge.com, contains a section on Ison that includes DOC records and Cox’s order that modified Ison’s sentence after a divorce hearing at which Cox later said Ison and his wife had reconciled. Midday Friday, the Ison section of Davis’ site concluded, “the bottom line remains: without Steve Cox, David Ison would have been back in prison after his divorce hearing on July 15th, 2010.”

Davis was admitted to the Indiana bar in May 2006 and has no concluded disciplinary history, according to the Indiana Roll of Attorneys.

 

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  • dubious exercise amid an election
    With all this talk about democracy and so forth, its interesting that the bar involves itself in policiing political speech amidst an election. I think that does not reflect well on lawyers. Americans have to pay big money for foreign wars and domestic elections and they should get the benefit of all this lip service to democracy without this kind of apparent interferce in the political process. There is a danger here that voters will be unduly swayed by this commission inquiry and that it may be seen as the establishment protecting turf.

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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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