« Courts - Kentucky bar group wants fen-phen lawyers suspended | Main | Ind. Decisions - Court of Appeals issues three today »

Friday, July 28, 2006

Ind. Courts - Commission on Judicial Qualifications has filed judicial disciplinary charges against Judge Thomas Newman, Jr., Madison Superior Court #3.

A strongly-worded release just issued from the Chief Justice's office [emphasis added]:

The Indiana Commission on Judicial Qualifications has filed judicial disciplinary charges against the Honorable Thomas Newman, Jr., Madison Superior Court #3.

In October 2000, Judge Newman revoked Lance Dawson’s probation and sentenced him to six years in prison. In July 2001, the Court of Appeals found the sentence was contrary to law, and Dawson was to be released. However, Judge Newman did not issue an order for Dawson’s release. Dawson was unaware of the Court of Appeals decision, and spent fourteen additional months in prison.

The Commission alleged in its charges, “Judge Newman was so indifferent to the need to prepare an order for Dawson’s release as to constitute such serious neglect that he violated the Code of Judicial Conduct. He further violated the Code when, later, he variously assigned responsibility for his neglect not to himself but to his court reporter, the Department of Corrections, and the Court of Appeals.”

Meg Babcock, the Commission’s attorney, said about the charges, “The Commission emphasizes to Indiana judges, lawyers, and citizens that the Commission values and protects the independence of the judiciary and does not consider an honest judicial mistake, however grave the consequences, to be within its jurisdiction to prosecute. The unique facts of this case, though, illustrate that these charges are not based upon a simple mistake, but on Judge Newman’s neglect and indifference to his judicial duties and his subsequent attempts to cast blame elsewhere.”

Judge Newman may file an Answer to the charges within twenty days, after which the Supreme Court will appoint a panel of three judges to preside over an evidentiary hearing and report to the Court. The Indiana Supreme Court makes the final decision whether the Commission proved its charges and, if so, what sanction or discipline to impose against the judge.

This is not the first we have heard of this case. The ILB posted an entry April 6th of this year quoting from an opinion piece by national columnist James J. Kilpatrick. The entry includes cites to the earlier (2001) Court of Appeals decision and to a 7th Circuit ruling.

Then on April 18th, the ILB posted a summary of a second Court of Appeals opinion. In this case Dawson had sued Judge Newman in state court. The Court of Appeals upheld Newman's claim of abolute judicial immunity.

However, apparently wheels were turning in the background.

[More] Today's press release adds that:

The charging document, which includes thirty-one separate allegations in support of the charges, will be available at www.in.gov/judiciary/jud-qual.
They are not posted yet.

However, there is an earlier Commission Admonition (issued in lieu of filing charges) of Judge Newman, from June 30, 2005, with respect to a different incident. Access it here.

Posted by Marcia Oddi on July 28, 2006 11:47 AM
Posted to Indiana Courts