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Thursday, December 07, 2006

Ind. Courts - Judge likely will face censure

"Judge likely will face censure: Jurist charged after DUI arrest Monday" is the headline to Vic Ryckaert's story in the Indianapolis Star today, following on his story yesterday. Some quotes:

A Marion Superior Court judge accused of drunken driving this week likely will face a reprimand from the Supreme Court in the coming months but will not be taken off the bench.

John F. Hanley, 51, was driving erratically and narrowly missed colliding with an officer on the Northside late Monday, police said. His blood-alcohol level tested at 0.16 percent, officers said -- twice the level at which an Indiana driver is considered intoxicated.

Police arrested Hanley, impounded his car and booked him through the Arrestee Processing Center. He was later released without having to post a bond.

Hanley was in court and served on the bench Wednesday. He declined to comment on his arrest.

Historically, Indiana judges with drunken-driving arrests have faced sanctions from the Supreme Court on top of whatever criminal punishment they may receive.

Meg Babcock, a lawyer for the Judicial Qualifications Commission, declined to comment on Hanley's case but said the Supreme Court has disciplined five judges for drunken driving since 1986. Typically, judges facing a first drunken-driving offense were given a reprimand and allowed to remain on the bench.

In the most recent example, Hendricks County authorities dismissed criminal drunken-driving charges against Marion Superior Court Commissioner Israel Cruz, but the justices handed him a public reprimand July 25.

Cruz still works as a commissioner, an appointed judicial officer who hears cases and issues rulings.

Marion County Prosecutor Carl Brizzi officially charged Hanley on Wednesday with operating while intoxicated and public intoxication. No hearing date has been set because local judges -- all of whom are Hanley's colleagues -- are recusing themselves from the case. * * *

Hanley, who presides over Civil Court Room 11, had been the leading candidate to become the Superior Court's presiding judge when control of the executive committee gets handed to the Democrats in January. * * *

Hours before his arrest, Hanley and other judges and lawyers were among about 250 guests attending a holiday party at LuLu's Restaurant, 8487 Union Chapel Road. The party was thrown by law firm Bingham McHale, said firm spokeswoman Susan Kilkenny, and ran from 5 to 8 p.m.

After the party, Hanley went to Murphy's Steakhouse, 4189 N. Keystone Ave., where he had some drinks while waiting for a friend who never showed, according to a police report.

He got into his 2002 Chrysler Concorde and drove north on Keystone. Indianapolis Police Sgt. Brian Churchill was also driving north when police say Hanley veered out of his lane and forced the officer to swerve to avoid a crash.

The Star story is accompanied by a sidebar labeled "Since 1986, the Indiana Supreme Court has sanctioned five judges accused of drunken driving":
• Nov. 14, 1986: The justices issued a public censure to Marion Superior Court Judge Thomas Alsip, who was arrested on a charge of drunken driving in January 1985. After a second drunken-driving arrest in 1988, he resigned.

• April 23, 1987: The justices issued a private reprimand to Vanderburgh Superior Court Judge Maurice O'Connor, stemming from his arrest in September 1985.

• April 29, 1988: The justices issued a private reprimand to Jennings Circuit Judge Larry J. Greathouse, stemming from his April 1987 arrest.

• May 3, 1995: The justices issued a private reprimand to Marion Municipal Court Commissioner William R. Howell after he was convicted of drunken driving.

• July 25, 2006: The justices issued a public reprimand to Marion Superior Court Commissioner Israel Cruz after Hendricks County authorities dismissed a criminal case against him that alleged he drove while intoxicated in June 2005. [ILB - see this 5/7/06 entry, and this one from 7/25/06]

Source: Meg Babcock, lawyer for the Indiana Supreme Court's Judicial Qualifications Commission

Posted by Marcia Oddi on December 7, 2006 07:56 AM
Posted to Indiana Courts