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Sunday, July 30, 2006

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

Updating this ILB report from Friday, the Court has now posted the charging document, including thirty-one separate allegations in support of the charges: In the Matter of the Honorable Thomas Newman, Jr.: Notice of the Institution of Formal Proceedings and Statement of Charges. Access the 9-page document here. Some quotes:

30. Judge Newman also stated to the Commission, “I think what happened is…the DOC got in the way. Which may have kept [Dawson’s release] from happening … No, they didn’t have an order. And it’s just speculation as to if they would have complied with it or not complied with it.”

31. Judge Newman also said, “If the Court of Appeals had desired that I immediately release Mr. Dawson, the Appeals Court could have so ordered.” In his deposition before the Commission, he testified, “I blame the Court of Appeals. That’s who I blame. If they would have done what their appellate rules would provide…He would have been out of prison. I really think I’m being a scapegoat in this thing.”

CHARGE

The Commission alleges that Judge Newman not only neglected to execute the appropriate order for Dawson’s release, but that he did not properly supervise and instruct his court reporter in response to the Dawson opinion, has exhibited no meaningful remorse or concern for the effects of his neglect on Dawson’s liberty, and, over time, has assigned blame for what occurred never to himself, but to his court reporter, the DOC, then the Court of Appeals.

Here is an AP story today on the charge:
ANDERSON, Ind. - A man spent more than an extra year in prison after a judge neglected to follow a higher court order, a state judicial commission said.

Madison Superior Court Judge Thomas Newman Jr. has 20 days to file a response to the disciplinary charges filed by the Indiana Supreme Court Judicial Commission. The case then will be reviewed by three judges appointed by the high court.

The charges filed Friday stem from a 2001 case in which the state Supreme Court ordered the release of an inmate who had been sentenced by Newman the previous year. But the man was not notified and spent another 14 months in prison before he was released.

The judicial commission accused Newman of "indifference," "serious neglect" and "assigning responsibility for his neglect to others" and alleged the conduct was not isolated.

"The unique facts of this case ... 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," said commission attorney Meg Babcock.

There was no number for Newman in published listings and he could not be reached for comment Saturday. The Associated Press left a phone message seeking comment at his court.

Babcock said it would be up to the court to determine if Newman had violated the public trust and if so, what penalty to impose.

Posted by Marcia Oddi on July 30, 2006 08:32 AM
Posted to Indiana Courts