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Tuesday, August 10, 2004

Indiana Courts - Judge receives private discipline

The Indianapolis Star is reporting on the front page today that "Judge receives private discipline: Supreme Court panel issues lightest sanction over claim of preferential treatment." Some quotes:

An Indiana Supreme Court panel decided against filing official charges against a Marion County juvenile court judge but did issue a private warning in response to allegations he gave preferential treatment to an Indiana lawmaker.

Judge James Payne confirmed Monday that the court's Commission on Judicial Qualifications has closed its inquiry into his actions in a case involving the daughter of state Rep. Robert W. Behning.

Filing official charges against Payne would have opened records and hearings to the public. Instead, the commission members gave Payne the least punitive of sanctions -- a private caution.

The complaint, filed by Assistant Public Defender Janice L. Stevens, claimed that Payne opened the court on a holiday and conducted a hearing for Behning's 12-year-old daughter.

Stevens maintained that Payne violated the girl's rights by allowing her parents to waive her right to an attorney. Behning, a Republican who represents the 91st House District in Marion, Morgan and Hendricks counties, had a conflict of interest, according to Stevens, because he was a victim of her alleged theft. * * *

According to the complaint, Payne ordered an Indianapolis Police Department officer to go to Behning's home in May 2000 and arrest his daughter on a theft charge. The next day, Payne opened the court on the Election Day holiday and held a hearing for the girl, even though prosecutors, defense attorneys and other key court personnel were absent.

Payne sent the girl to a juvenile treatment center on the theft charge -- her first criminal offense, according to the complaint. That decision led to three years of incarceration in various treatment programs, costing taxpayers more than $48,000, the complaint alleges.

Posted by Marcia Oddi on August 10, 2004 07:44 AM
Posted to Indiana Courts