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Tuesday, May 27, 2008

Ind. Courts - "Judicial Commission Admonishes Carroll Circuit Court Judge Currie"

Posted today on the Indiana Court website:

The Indiana Commission on Judicial Qualifications issued today a Public Admonition of Judge Donald Currie, Carroll Circuit Court. The Commission is a seven-member body comprised of the Chief Justice of Indiana, three lawyers elected by lawyers throughout the State, and three non-lawyers appointed by the Governor. Supreme Court rules give the Commission the discretion to issue a Commission Admonition instead of proceeding to formal charges when the judge consents to that resolution and when the Commission determines that a Public Admonition sufficiently addresses the misconduct alleged.
The "Public Admonitions" page states: "Under Admission and Discipline Rule 25VIII E(7), the Commission may, in its discretion and with the judge's consent, resolve a misconduct case in which the members have voted to file disciplinary charges by publicly issuing a Commission Admonition in lieu of filing charges." It lists a total of 15 public admonitions, issued from June 26, 1992, to May 27, 2007. Judge Currie's public admonition reads in part:
On December 23, 2007, Judge Currie was arrested for Public Intoxication after a police officer observed him outside his car near Interstate 65. Judge Currie later pled guilty in the Boone Circuit Court to Public Intoxication, a Class B Misdemeanor. He currently is serving a one-year probationary sentence in Boone County. Judge Currie acknowledges he consumed too much alcohol to have attempted to drive from Indianapolis to Carroll County; he had discontinued his trip home when the police officer encountered and arrested him.

Judge Currie and the Commission agree that his conduct not only violated the law but also violated the high standards of conduct expected of Indiana’s judges. He has expressed his remorse and has apologized to the community he serves.

The Commission now admonishes Judge Currie for violating the Code of Judicial Conduct and the laws of the State. This Admonition concludes the Commission’s investigation, and Judge Currie will not formally be charged with ethical misconduct.

For background on the Judge Currie incident, start with this Feb. 4, 2008 ILB entry.

Recall also the Marion County Superior Court Judge John F. Hanley incident, that ended May 31, 2007 with this Supreme Court public reprimand.

There is a distinction between when to issue a Public Admonition and when to proceed to a Public Reprimand. The Judicial Disciplinary Opinions page, where the opinion re Judge Hanley is found, provides:

When the Qualifications Commission files formal charges against a judge, judicial officer, or judicial candidate, only the Supreme Court may resolve the case, either after the Commission and the judge enter into a settlement agreement or after a panel of Masters preside over an evidentiary hearing and report to the Court.
The list includes nearly 40 reprimands, going back to 1986.

Posted by Marcia Oddi on May 27, 2008 12:06 PM
Posted to Indiana Courts