Rehearing: Traffic judge denies misconduct

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Indiana Lawyer Rehearing

Hammond City Judge Jeffrey A. Harkin denies that he did anything wrong in operating what may be a long-established but illegal traffic school deferral program and dismissing cases without assessing required fees. He also contends that he did not try to dissuade one litigant from contesting a seatbelt violation in court.

On Aug. 12, Hammond attorney David Weigle filed a permissive answer in response to charges filed in June against Judge Harkin, accusing the jurist who’s been on the bench for a decade of violating three professional conduct rules.

Two of the professional misconduct charges involve Judge Harkin’s operation of a traffic school deferral program, which only the prosecutor is legally allowed to operate, and then conditionally dismissing infractions because of that attendance. Hammond City Court traffic school was usually taught by city police officers, and the complaint says the judge would tell litigants their case would be dismissed without any points being assessed on their driver’s licenses if they paid an administrative fee and completed traffic school.

An estimated $180,000 in fees should have been distributed to the state and county between January 2010 and March 2011, based on hundreds of litigants, according to the charging document. The complaint says that Judge Harkin continued operating the program despite annual warnings from the State Board of Accounts from 2005 to 2010.

The third misconduct charge involves an August 2010 seatbelt violation case where defendant Matthew Aubrey alleged the judge made inappropriate comments to him and dissuaded him from contesting the ticket in court.

In his answer, Judge Harkin denies making any statements or acting the way Aubrey described, though he cannot recall the litigant’s specific demeanor at the time and can’t speak to what the man might have “felt” about the judge’s attitude. He recalls giving Aubrey a chance to make his defense after stating the trial date.

As to the traffic school allegations, Judge Harkin said he believes that he acted appropriately given his judicial authority to dismiss a case using the program, and that although it may not be specifically listed in state statute, nothing specifically prohibits judges from using these types of deferral programs. The traffic school has existed for decades and prior judges and prosecutors have known about and used it in the same way over time without anyone raising concern, according to the answer.

Although the judge concedes that the traffic court’s stamp on cases might be misleading and lead litigants to think a “judgment” had been issued, his answer says entering a judgment has never been his intention and he’s treated the program as a way to defer punishment and dismiss the case.

“Judge Harkin does not claim infallibility in interpreting the law,” the answer states. “But he believed that he acted in accordance with his authority, the long tradition of the program, and the laws of the State of Indiana. The Commission obviously feels otherwise.”

With that answer filed, the Supreme Court can now appoint three masters by mid-September to hear the evidence and conduct a hearing if no settlement is reached. The state’s justices have final authority on any agreement or disciplinary decision, and if any misconduct is found they’d be responsible for any sanctions that might be necessary.

Rehearing: "Hammond traffic judge faces misconduct charges" IL July 6-19, 2011


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.