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The following opinion was issued on March 19 after The Indiana Lawyer’s deadline. 

Indiana Supreme Court
In the Matter of the Honorable J. Steven Cox
No. 25S-JD-80

Judicial discipline action. Publicly reprimands Cox and permanently bans him from judicial service. Holds Cox committed egregious judicial misconduct by engaging in and relying on ex parte communications with a criminal defendant and independently investigating facts outside the record, violating multiple Rules of Judicial Conduct, and concludes the misconduct — combined with prior discipline — warrants the most severe available sanction despite Cox no longer holding office; declines to resolve whether Cox’s blanket policy rejecting plea agreements independently violated the Code. Per curiam opinion. Chief Justice Loretta H. Rush concurs. Justice Derek R. Molter concurs with separate opinion in which Justice Mark S. Massa and Justice Geoffrey G. Slaughter join. Molter concurred in the sanction and in finding misconduct based on ex parte communications but declined to join the conclusion that Cox’s categorical rejection of certain plea agreements violated the Code of Judicial Conduct. He reasoned the issue was unsettled, the Commission may not have met its burden of proof, and categorical plea policies are not uncommon, raising concerns about disciplining judges without clearer guidance. Molter concluded the court should leave that question for resolution through direct appellate review or other procedural avenues rather than judicial discipline. Justice Christopher M. Goff did not participate. Respondent’s attorneys: Garrett R. Bascom, Jefferson C.M. Kisor, Bascom & Kisor, LLC, Lawrenceburg, Indiana. Attorneys for Indiana Commission on Judicial Qualifications: Adrienne L. Meiring, Stephanie K. Bibbs, Victoria H. Thomas, Mark R. Conner, Indianapolis, Indiana.

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