Senior Indiana Court of Appeals Judge Reprimanded For DUI

The Indiana Supreme Court reprimanded a senior judge

On the evening of Tuesday, November 17, 2015, Respondent was involved in a motor vehicle collision in Mooresville, Indiana when he made a wide right turn and collided with another vehicle that was waiting for traffic to clear. At the scene, police observed that Respondent appeared to be under the influence of alcohol, and Respondent failed or could not complete field sobriety tests. Respondent told police he had consumed one vodka on the rocks about two hours prior to the accident, and a preliminary breath test showed a blood alcohol concentration (BAC) of 0.14%. Respondent was transported to a hospital for a voluntary blood sample, the toxicology report of which reflected a blood alcohol concentration of 0.15%. En route to the hospital, Respondent asked the police officer, “Will you just take me home and forget about the drinking and driving?” At the hospital, Respondent made other statements reflecting that he did not want to be arrested and simply wanted to go home; and while the officer inventoried Respondent’s wallet, Respondent stated that he is a senior judge for the Court of Appeals. Respondent was arrested and subsequently charged with Operating a Vehicle While Intoxicated Endangering a Person, a Class A misdemeanor, see Ind. Code § 9-30-5-2(b), and Operating a Vehicle While Intoxicated, a Class C misdemeanor, see Ind. Code § 9-30-5-1(a). He self-reported his arrest to the Indiana Commission on Judicial Qualifications on November 19, 2015 and indicated that he already contacted the Judges and Lawyers Assistance Program (JLAP).

Sanction

In mitigation, [the parties] agree that Respondent immediately self-reported his misconduct and voluntarily contacted JLAP; that he is compliant with all JLAP requests and regularly attends Alcoholics Anonymous meetings; that he has been fully cooperative with the Commission throughout its investigation; and that he is remorseful for his conduct. Finally, they agree that under the circumstances, the appropriate sanction is a public reprimand. The Court agrees with the parties.

(Mike Frisch)