ILNews

Retired judge overturned based on bias shown on bench

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court has ordered a new trial for a convicted child molester because of the conduct from the longtime trial judge, who resigned from the bench in September amid a judicial misconduct investigation.

Justices issued a decision Thursday afternoon in the case of Steven W. Everling v. State of Indiana, No. 48S05-0911-CR-506, reversing the child molesting convictions and 110-year sentence imposed by now-retired Madison Circuit Judge Fredrick R. Spencer. The court described the former judge as being biased against the defendant by barring several defense witnesses during the 2008 trial, helping prosecutors with objections in court, and by repeatedly disparaging and criticizing the man’s Anderson attorney who had previously filed a judicial misconduct complaint against him.

Chief Justice Randall T. Shepard says the record showed “a lack of impartiality,” and he wrote that “the cumulative result of Judge Spencer’s comments, exclusions, and general demeanor toward the defense was a trial below the standard towards which Indiana strives.”

Remanding the case for a new trial, the justices noted this wasn’t the first time Judge Spencer had displayed this kind of behavior on the bench.

“Unfortunately, this is not the first case in which Judge Spencer made inappropriate declarations in a criminal trial,” the chief justice wrote, citing Abernathy v. State, 524 N.E. 2d 12 (Ind. 1988) where the judge had made comments showing bias and impartiality and the justices reversed and remanded for a new trial.

Before stepping down Sept. 25 following a 26-year career on the bench, Judge Spencer had faced a judicial ethics commission investigation into his conduct related to the 2007 murder trial 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. Some public details included allegations 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.

That had been the fifth time in 12 years that Judge Spencer faced a judicial misconduct investigation and received a sanction as a result.

As a result of his resignation last year, the ruling doesn’t mention and there’s no likely disciplinary action that will follow in this case.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

  2. ?????????? ???? ?????? ??? ?????? ???????! ??????? ??? ??? ?? ???????? ???? ?????? ????????? ??? ??????? ????? ??????? ? ????? ?? ??????, ?? ???????, ?? ???????, ?? ??????, ?? ???? ? ?? ????? ??????? ??? ????? ??????. ???? ???????? ????????????? ??? ??????? ?????? - ??? ?? ????? ?????? ????????. ???????? ????? ????? ???????, ?????????? ????????? ????????, ????????? >>>> ?????? ????? http://xurl.es/PR0DAWEZ

  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

ADVERTISEMENT