Senior Judge Reprimanded For OWI

The Indiana Supreme Court has reprimanded a senior judge

In lieu of Respondent tendering a written response to the charges, the parties jointly tendered a “Statement of Circumstances and Conditional Agreement for Discipline” in which the parties have stipulated to the following facts. On the night of Saturday, October 1, 2016, a Porter County Sheriff’s Department deputy responded to 911 calls from two different individuals about a southbound vehicle periodically veering into northbound traffic on Indiana State Road 149 in Porter County. The deputy observed a vehicle matching the description provided by one of the 911 callers driving slowly on State Road 149 in the area of C.R. 550 North. After stopping Respondent’s vehicle and approaching Respondent, the deputy noticed an odor of alcohol on Respondent’s breath and person. Respondent’s speech was slurred, his eyes were watery, his manual dexterity was poor, and his balance was unsteady. He failed at least three field sobriety tests, and when he consented to a preliminary breath test, the result was .20 BAC. He then voluntarily gave a blood sample at Valparaiso Medical Center in Lake County. 

He pled guilty to charges of operating while intoxicated

Respondent and the Commission agree that by being arrested and convicted for Operating a Motor Vehicle While Intoxicated, Respondent violated Code of Judicial Conduct Rule 1.1 requiring judges to comply with the law, and Rule 1.2 requiring judges to avoid impropriety and to act at all times in a manner that promotes public confidence in the integrity of the judiciary.

The parties cite no facts in aggravation. In mitigation, they agree that Respondent immediately self-reported his misconduct and voluntarily contacted the Judges and Lawyers Assistance Program (JLAP); that he is compliant with all JLAP requests; that he has been fully cooperative with the Commission throughout its investigation; and that he is remorseful for his conduct. They also agree that under the circumstances, the appropriate sanction is a public reprimand. The Court agrees with the parties.

(Mike Frisch)