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A Howard County judge accused earlier this year of failing to maintain ethical boundaries and making injudicious statements in the court must resign and is permanently banned from judicial service, the Indiana Supreme Court ruled Thursday.
Despite his permanent ban from the bench, Howard Superior Court Judge Matthew J. Elkin will be allowed to keep his law license. He must tender his resignation as a judge to Indiana Gov. Mike Braun and leave office no later than Sept. 30.
Elkin was represented in the disciplinary case by Jennifer Lukemeyer of Indianapolis firm Voyles, Vaiana, Lukemeyer, Baldwin & Webb. She did not immediately respond to a request for comment. Elkin also did not immediately respond.
In March, the Indiana Supreme Court Commission on Judicial Qualifications filed nine charges of judicial misconduct against Elkin while he was presiding over the Howard County Drug Court and Howard County Re-Entry Court.
Elkin began serving as a superior court judge in January 2023. Before being elected, he was a criminal defense attorney and served as the appointed public defender in Howard Superior Court 1 for both the drug and re-entry problem-solving courts.
On the bench, Elkin repeatedly and improperly presided over cases involving clients he had previously represented, the commission reported.
Additionally, he often demeaned and ridiculed participants in the drug and re-entry courts, the commission said.
During one hearing with a domestic violence survivor, Elkin compared the feeling of being physically abused to winning a Super Bowl:
“That’s the truth. That’s why women don’t leave… Here’s the deal, I can train an entire lifetime for one shot at winning the Super Bowl and experiencing that elation, or I can have somebody kick my a*s and I can do it three times. Which is easier? You don’t deserve this chance. You don’t deserve it. … I know what’s wrong with you and I know how to fix you,” Elkin said.
Elkin was also accused of picking up problem-solving court participants in his personal vehicle and allowing another participant to rent a rental property owned by his wife. He allegedly offered benefits and assistance to certain problem-solving court participants but not others.
After the commission filed its charges in March, they became aware that Elkin may also have reimbursed himself for problem-solving court trainings with unauthorized funds. The commission agreed, however, to discontinue its investigation into the matter because Elkin agreed to repay the funds, resign and be banned from judicial service.
“…A presiding judge’s demeanor has an outsized impact on a participant’s success [in a problem-solving court]. Respondent appeared to understand this as he wielded his position of power like a tyrant, attempting to intimidate participants and team members alike. While he offered the proverbial shirt off of his back to some, he shamed and humiliated others. These behaviors were in direct contradiction of the collaborative, non- adversarial PSC approach,” the high court justices wrote.
Elkin has accepted responsibility for his actions, cooperated with the commission throughout the investigation, and completed courses to address his demeanor. He has no prior attorney discipline cases.
After he resigns, Elkin will no longer be eligible for judicial service, including as a judge pro tempore, temporary judge, or private judge.
The case is In the Matter of Matthew John Elkin, 25S-JD-69.
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