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Town court judge admonished for traffic case involvement

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A northeastern Indiana town court judge was given a public admonishment Monday by the Commission on Judicial Qualifications for her direct individual involvement with parties involved in a 2008 traffic infraction case.

Fremont Town Court Judge Martha C. Hagerty improperly engaged in multiple ex parte conversations and assumed the role of prosecutor when she tried to negotiate a resolution to a defendant’s case, the commission determined.

The case involves a defendant whose license was suspended after receiving a ticket. The defendant called Fremont Town Court in Steuben County, and Hagerty said the license would be reinstated if the defendant paid the ticket and an additional fine. Hagerty also took part in ex parte communications with the prosecutor in the case, according to the admonition.

Hagerty didn’t set a hearing after she received notice that the defendant wished to contest the ticket, according to the admonition. More than two years later, the defendant filed a motion for discovery that the judge denied. She granted the prosecutor’s motion to dismiss the charges in January.

Hagerty, who is not an attorney, acknowledges she violated Rule 1.2 of the Code of Judicial Conduct, which requires judges to promote confidence in the independence, integrity and impartiality of the judiciary, and Rule 2.2, which requires judges to perform duties fairly and impartially. She also acknowledges violation of Rule 2.9(A) forbidding ex parte communications except in emergencies.  

The commission determined that formal disciplinary charges are warranted against her. However, Supreme Court rules allow for the judicial officer and the commission to agree to a public admonition instead of filing charges.

“Had Judge Hagerty not been so responsive to the commission’s concerns and taken immediate corrective action, the commission would have been inclined to pursue a stronger course of action,” the admonition says.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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