ILNews

UPDATE: Hamilton Superior judge surprised by case resolution

Back to TopCommentsE-mailPrintBookmark and Share

In all his years on the bench, Hamilton Superior Judge William J. Hughes said he hasn’t experienced what he did this week as a defendant in a North Carolina court.

The longtime judge spoke with Indiana Lawyer Tuesday about his criminal drunk driving case stemming from an Oct. 27 arrest. He was pulled over and arrested in the Outer Banks for driving with a blood alcohol content of 0.13 - nearly twice the state’s legal limit of 0.08.

He was charged with misdemeanor driving while impaired and traffic infraction of driving left of center, and Judge Hughes said he traveled to North Carolina on Monday for what he expected to be his trial on those two counts.

Instead, the judge said he arrived at the Currituck District Court that morning to find a new reckless driving charge against him. After about five minutes before the bench there for an arraignment, Judge Hughes said he followed his attorney’s advice and pleaded guilty to the new reckless driving charge, a Class 2 misdemeanor under state statute §20-140(b).

His criminal sanction: 12 months of unsupervised probation that includes enrolling and completing an alcohol and drug assessment program within 180 days or attending at least 10 hours of substance abuse counseling. Additionally, he stipulated that he won’t operate a vehicle within eight hours of consuming any alcohol and paid a $300 fine and $143 in court costs.

“I was surprised by the resolution and quite frankly, pleased with it,” he said. “I’m not satisfied that this result had to happen, but under the circumstances I believe it was the best result that I could have ever expected. I’m certainly not happy with my conduct. I’ve learned many life lessons from this, though I’m sorry that this is how I came to learn them.”

Judge Hughes said the process in that North Carolina court was different than he’s seen before, and he came away from that experience also seeing what it’s like on the other side of the bench and how it can be confusing to defendants. Since his arrest, Judge Hughes said he followed the guidance of the Indiana Judicial Qualifications Commission and removed himself from any DWI cases that have come before him in Hamilton Superior 3. Senior Judge Judy Proffitt has been presiding over those cases, and he isn’t sure at this time how long that might continue.

Judge Hughes first joined the bench in 1988 and does not have any previous discipline history with the Indiana system. The judge self-reported his out-of-state arrest to the Indiana judicial disciplinary board and he has been cooperating with that process.

Generally, any disciplinary charges come once the criminal case is complete. The Indiana Supreme Court would make any final decision on discipline once that process begins. In the past, other trial judges who’ve faced drunken-driving charges have received public reprimands for similar conduct.


 

ADVERTISEMENT

  • above the law
    Every citizen should know what this judge did. He feels he is above the law. He should have lost his position, 90 suspension of license, report to probation, and never be allowed to drink. What a jerk instead its reduced to reckless driving. making sure every hamilton county citizen is aware and he should be fired.
  • Do all legal officers who
    drive after more than one drink demonstrate a lack of respect for the law and public safety to recommend harsh sanctions? Point if fact: drunk driving is illegal and kills. Or are some crimes not worth noting?
  • no big deal
    A lot of people who get charged with DUI get off on a lesser charge. That is no no big deal. He got caught, he's plead guilty to a serious albeit lesser traffic offense, got a typical penalty, self-reported the naughty, now lets get past this and forget about it and let him get on with his job. In the annals of judicial misconduct this is an absolutely insignificant event.
    • differing standards of justice?
      This result is suprising only if one believes that all, elites and the great unwashed, live under the same justice system. If there is, instead, differing standards for differing stations, as Orwell predicted in Animal Farm, then this makes perfect sense.

    Post a comment to this story

    COMMENTS POLICY
    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
     
    You are legally responsible for what you post and your anonymity is not guaranteed.
     
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
     
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
     
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
     

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

    2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

    3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

    4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

    5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

    ADVERTISEMENT