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. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

    2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

    3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

    4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

    5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

    ADVERTISEMENT