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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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