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Suspended LaPorte judge acquitted at trial

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A suspended LaPorte Superior judge has been acquitted of any criminal charges involving an accidental shooting where her head was grazed by a bullet and led to accusations that she tried to cover up details about what happened.

But three judicial misconduct charges remain pending against Judge Jennifer Evans-Koethe. In a response to the Indiana Commission on Judicial Qualifications, she denies intentionally trying to cover up evidence and blames her head wound for affecting her memory and what she said immediately after the Dec. 22, 2008, incident.

Judge Koethe was a judge-elect when she was shot in the head in her home, shortly before taking the bench in January 2009. At the time of the incident, there were discrepancies as to how the judge was shot. Judge Koethe originally told authorities she accidentally shot herself and didn't know where the gun was located. She later told a detective at the hospital she put the gun to her head to scare her husband but didn't know it was loaded when it fired.

She also told a detective she wrote a note to her husband and asked him to get rid of it. That request led to a grand jury indictment. As a result, Koethe faced criminal charges of felony attempted obstruction of justice. The trial was transferred to Lake Superior Court, and a jury found her not guilty Jan. 5.

Even with the not-guilty finding the judge, who's been suspended since May 11, still faces judicial discipline charges that could lead to a reprimand, unpaid suspension, or possibly removal from the bench. The Indiana Commission on Judicial Qualifications filed charges against her in December, accusing her of deliberately withholding or misrepresenting pertinent information during taped statements and violating professional conduct rules by asking a police officer to destroy potential evidence.

In her response Jan. 8, the judge denies being asked about the whereabouts of her handgun when police came to her home in response to the shooting, and said she had no recollection of being questioned there. At trial, a police officer testified that both she and her husband said they "didn't know" where the gun was, although it was later found hidden in a laundry basket in a bedroom closet.

"However, she has been informed and believes, and therefore admits, that she spoke such words as those attributed to her," her response says.

The response also denies deliberately omitting disclosure of the note in a recorded statement.

James Fenton, the Fort Wayne attorney representing her on the discipline charges, could not be reached for comment prior to deadline for this story.

The Indiana Supreme Court will appoint three special masters by mid-February to hear the evidence and submit a report to the justices for consideration on what, if any, discipline should be imposed. Justices have final say on that.

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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