Probate Judge Suspended

The Indiana Supreme Court has ordered a 45-day suspension of a judge

We find that Respondent, the Honorable Jason A. Cichowicz, Judge of the St. Joseph Probate Court, engaged in judicial misconduct by continuing to serve in a fiduciary position for a non-family member after taking office, abusing the prestige of his office to benefit a family member, and failing to disclose his role as trustee of a charitable foundation from which he drew funds to further court improvement projects.

A private client

Even after taking office as Judge of the St. Joseph Probate Court, Respondent continued to act as Cartwright’s attorney-in-fact, writing checks and paying bills on Cartwright’s behalf. In February 2019, Respondent attended a meeting of the Friends of the St. Joseph County Juvenile Justice Center, a charitable organization created to raise funds for and support the JJC. At the meeting, Respondent discussed renovating space in the JJC to accommodate a new courtroom using donated funds from an undisclosed source. Only newly-elected board member Michael Misch knew of Respondent’s intent to use funds from the Cartwright Foundation for the project. In April, Respondent issued a check drawn from the Cartwright Foundation’s bank account in the sum of $100,000 to Misch’s law firm. The firm then issued checks amounting to $100,000 to the Friends of the JJC. Upon Respondent’s recommendation, the Friends of the JJC contracted with McCollough Scholten for the project. No formal bidding process was used to procure contractor services. Neither the entirety of the Friends of the JJC Board, nor the St. Joseph County Commissioners, were advised of the source of funds for the project, or that Respondent served as sole trustee of the foundation.

In April, Respondent issued a check drawn from the Cartwright Foundation’s bank account in the sum of $100,000 to Misch’s law firm. The firm then issued checks amounting to $100,000 to the Friends of the JJC. Upon Respondent’s recommendation, the Friends of the JJC contracted with McCollough Scholten for the project. No formal bidding process was used to procure contractor services. Neither the entirety of the Friends of the JJC Board, nor the St. Joseph County Commissioners, were advised of the source of funds for the project, or that Respondent served as sole trustee of the foundation.

Court improvements

Meanwhile, during the spring of 2019, Respondent asked his father, owner of R&K Ceramic Tile, LLC (“R&K”), if R&K would refurbish courthouse breakrooms used by Respondent’s staff. His father agreed and funding for the project—approximately $24,800—came from the Friends of the JJC upon Respondent’s direction or request. Again, no formal bidding process was used to procure the renovation services, and there are no known publicly available documents regarding the project.

Sanction

The parties’ proposed 45-day suspension is squarely within the range of sanction imposed for similar misconduct. “The purpose of judicial discipline is not primarily to punish a judge, but rather to preserve the integrity of and public confidence in the judicial system and, when necessary, [to] safeguard the bench and public from those who are unfit.” In re Hawkins, 902 N.E.2d 231, 244 (Ind. 2009). The sanction must be designed to deter similar misconduct and assure the public that judicial misconduct will not be condoned. Id. Indeed, the personal statement Respondent submitted to this Court stresses he is hopeful his fellow judges will learn from his experience. We are as well.

(Mike Frisch)