Charges Against Suspended Judge

The web page of the Indiana Supreme Court recently reported:

The Indiana Commission on Judicial Qualifications hasfiled disciplinary charges against suspended LaPorte Superior CourtJudge Jennifer L. Koethe.  The Commission alleges Judge Koethedeliberately omitted and misrepresented facts to police about aDecember 2008 shooting at her home.  The Commission also alleges thatshe asked a police officer to destroy evidence relevant to the officialinvestigation into the shooting.  The Commission alleges those actionsviolate numerous canons of the Indiana Code of Judicial Conduct and theRules of Professional Conduct.

TheCommission’s investigation into Judge Koethe’s actions surround aDecember 22, 2008 shooting at her home where she received a superficialwound to the scalp. At the scene, Judge Koethe told police sheaccidently shot herself and did not know the location of the gun. Officers located two guns inside a laundry basket in the bedroomcloset.  Lab tests later showed one gun had been fired.  At thehospital, Judge Koethe told detectives she and her husband had beenarguing and she had retrieved the handgun because she wanted herhusband to believe she was contemplating suicide.  She maintained theshooting was accidental and said she thought the gun was unloaded.After speaking to detectives, she told a different police officer whomshe knew well about a note she had written to her husband before theshooting.  She then asked the officer, words to the effect of, “Can youmake this go away? or “Get rid of it.”  The note was later found bypolice in the bedroom closet.

During thepolice investigation of the shooting, Judge Koethe gave two tapedstatements.  In the first statement, Judge Koethe deliberately omittedthe fact that she wrote the note to her husband.  She also claimed shethought the gun was unloaded because she had removed the magazine. However, in the second taped statement, Judge Koethe altered heraccount to track her husband’s initial statement to police.  She statedthat the gun had been unloaded when she first picked it up because thecouple had unloaded the household guns several days earlier inanticipation of being out of the home.  During her second statement,Judge Koethe denied any knowledge regarding the whereabouts of the gunand note after the shooting.  Judge Koethe’s husband, Stephen Koethe,later admitted to police that he hid the gun and note in the bedroomcloset at a time when Judge Koethe was in the room.

InMay 2009 a grand jury returned a felony indictment against Judge Koethefor Attempted Obstruction of Justice.  When the felony indictment wasfiled, the Indiana Supreme Court suspended Judge Koethe with pay. Having investigated the incident, the Commission has now filed threecounts of judicial misconduct against Judge Koethe.  These counts areseparate from any criminal charges filed in an Indiana trial court.

TheCommission’s “Notice of the Institution of Formal Proceedings andStatement of Charges” was filed with the Indiana Supreme Court onDecember 10, 2009.  The seven-page Notice and Charging document isattached.  The 2008 and 2009 Indiana Code of Judicial Conduct can alsobe found in attachments accompanying this press release.  The chargingdocument provides the circumstances and specific charges against JudgeKoethe; generally, they include the following: 

1. Count Icenters on Judge Koethe’s conduct in deliberately withholding ormisrepresenting pertinent information during her taped statements.  Italleges Judge Koethe violated Canon 2A of the 2008 Code of JudicialConduct and Rule 1.2 of the 2009 Code of Judicial Conduct whichrequires judicial officers to avoid impropriety and to act in a mannerpromoting the public’s confidence in the judiciary.

2. Count IIcenters on Judge Koethe’s request to a police officer that he destroy ahandwritten note that was potential evidence in the investigation.  Italleges Judge Koethe violated Canons 1 and 2A of the 2008 Code ofJudicial Conduct, committed willful misconduct unrelated to thejudicial office that brings the office into disrepute, and engaged inconduct prejudicial to the administration of justice.

3. Count IIIcenters on Judge Koeth’s request to a police officer that he destroy ahandwritten note that was potential evidence in the investigation. Italleges Judge Koethe violated Rules 8.4 (b), (c), and (d) of the Rulesof Professional Conduct.  The rules require attorneys not to engage incriminal acts reflecting adversely on their honesty and not to engagein conduct involving deceit or misrepresentation.

JudgeKoethe has the opportunity to file an Answer to the charges with theSupreme Court within twenty days of receiving the charges.  After theAnswer is filed or twenty days has passed, the Indiana Supreme Courtwill appoint three Masters (Judges) to conduct a public hearing on thecharge that Judge Koethe committed judicial misconduct. 

TheCommission on Judicial Qualifications is the 7-member group thatinvestigates alleged ethical misconduct by judges.  Chief JusticeRandall T. Shepard chairs the Commission.  The Indiana Supreme Courthas final authority over judicial discipline.

The court’s suspension order is linked here. (Mike Frisch)