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Retired judge overturned based on bias shown on bench

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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.
 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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