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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. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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