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Special masters named in judge's disciplinary case

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The Indiana Supreme Court has appointed three trial judges as special masters to preside over the disciplinary case of one of their city court colleagues from Lake County, who is accused of operating an illegal traffic school, dismissing cases without assessing required fees, and dissuading one litigant from contesting a seatbelt violation in court.

An order dated Monday names Vigo Circuit/Superior Judge David Bolk, Clark Superior Judge Vicki Carmichael, and Hamilton Circuit Judge Paul Felix to consider the case against Hammond City Judge Jeffrey A. Harkin.

The Indiana Judicial Qualifications Commission accuses Judge Harkin of violating three professional conduct rules: two charges involve his operation of a long-established traffic school deferral program and not collecting fees between 2005 and 2010, while a third charge involves an August 2010 seatbelt violation case where a defendant alleged the judge made inappropriate comments to him and dissuaded him from contesting the ticket in court.

Through his attorney David Weigle in Hammond, Judge Harkin filed an answer Aug. 12 denying the allegations and contending that he did nothing wrong. The judge’s answer says 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, but he remembers giving the man a chance to make his defense in court.

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.

The three special masters have until mid-October to submit a schedule for the disciplinary proceedings, with a final report completed by Jan. 25, 2012. 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 deemed necessary.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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