In Re Spencer

798 N.E.2d 175, 2003 Ind. LEXIS 952, 2003 WL 22535729
CourtIndiana Supreme Court
DecidedNovember 7, 2003
Docket48S00-0210-JD-514
StatusPublished
Cited by1 cases

This text of 798 N.E.2d 175 (In Re Spencer) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Spencer, 798 N.E.2d 175, 2003 Ind. LEXIS 952, 2003 WL 22535729 (Ind. 2003).

Opinions

JUDICIAL DISCIPLINARY ACTION

PER CURIAM.

Introduction

This matter comes before the Court as a result of a judicial disciplinary action brought by the Indiana Commission on Judicial Qualifications ("Commission") against the Respondent herein, Fredrick R. Spencer, Judge of the Madison Circuit Court. Article 7, Section 4 of the Indiana Constitution and Indiana Admission and Discipline Rule 25 give the Indiana Supreme Court original jurisdiction over this matter.

The Commission charged Respondent with violating various provisions of the Code of Judicial Conduct in connection with his handling of a request for a special prosecutor in Madison County.

The matter was tried before three Indiana trial court judges appointed to serve as masters in the proceeding. Following the trial, the masters filed their report of findings with this Court, as provided by Admission and Discipline Rule 25(VIID(N)(1). The Commission filed its recommendation and the Respondent filed a petition seeking review.

The matter having been tried, fully briefed, and reviewed by this Court, we now adopt the fact-finding and conclusions of the masters. We also concur in their determination that Respondent committed judicial misconduct and in their recommendation as to the appropriate sanction that should be imposed.

Factual Background

In the evening hours of November 2, 2001, ten teenage boys placed several homemade non-incendiary explosive devices outside the residence of John Doe 1 in Anderson, Indiana. With few exceptions, the devices exploded. Loud gunshot-like bangs were heard inside the residence by Doe's fourteen-year-old stepson and a friend. No property damage or injuries occurred as a result of the explosions.

The placement of the explosive devices outside the Doe residence was apparently motivated by ongoing hostilities between some of the teenage boys and Doe's stepson. Over the preceding eighteen months, these hostilities had included a fistfight and repeated "eggings" of the Doe residence.

The non-incendiary devices used by the youths are commonly referred to as "poppers." Though capable of causing serious injury to those caught in the explosive spray, they do not meet the technical definition of a "bomb," according to the testimony of both Thomas Hay, an Anderson police officer, and Gregory Belt, an Indiana State Police Detective certified by the F.B.I. as a bomb technician.

The following morning, Doe learned of the explosive sounds heard the prior evening. He walked his property and located the remains of exploded containers and a couple of intact two liter bottles near his propane tank. His concerns prompted him to notify the Anderson Fire Department. An investigation by the Fire De[178]*178partment and Anderson Police Department began.

The police investigation resulted in the identification of ten juvenile suspects. One of the juveniles admitted guilt but the investigation otherwise proceeded slowly. Around December 1, 2001, a detective with the Madison County Sheriff's Department related his concerns that the investigation was lagging to Anderson Chief of Police Edward Leonard. A few days later, Chief Leonard replaced the police officer assigned to the case with a different detective. The newly assigned detective initiated telephone contacts with Doe and with the parents of the various juvenile suspects. However, vacation schedules, the intervening holiday season, and the number of people to be interviewed precluded him from a concerned pursuit of the investigation until January of 2002.

The year 2002 was also an election year for various Madison County offices. Among the offices up for election that year were various Madison County judgeships, the office of Prosecuting Attorney, and the state representative seat for House District 36. The office of Madison County Circuit Court judge occupied by Respondent was not subject to election in 2002.

Rodney Cummings, the incumbent and Republican prosecutor for Madison County, first learned of the Doe incident and investigation sometime in mid to late January of 2002 when two detectives from the Anderson Police Department contacted him about the matter. Cummings was concerned that the case was not going to be vigorously pursued by the police. On January 31, 2002, he instructed one of his deputy prosecuting attorneys to investigate the perceived delay in the filing of charges against the juvenile suspects involved in the Doe incident.

The following morning, the Anderson Herald-Bulletin, the local newspaper in Anderson, carried a front-page story on the investigation into the Doe matter under the banner headline: "Prosecutor probes APD." The opening paragraph of the article stated that Prosecutor Cummings' probe was prompted by concerns that the incident at the Doe residence was covered up for political reasons. The article also stated that the juvenile suspects included the sons of three Democratic politicians, one of whom was a political opponent of Cummings in the election for Madison County Prosecutor. Chief of Police Leonard was quoted as challenging Cummings' suggestion that a cover-up had occurred within the police department, stating that "the prosecutor has some wrong assumptions."

That same February 1, the deputy prosecutor assigned the day before to investigate the Doe incident issued a memorandum to Cummings. The deputy prosecutor's memorandum included five main points. First, he concluded there was no evidence of any overt acts by parents of the juvenile suspects to obstruct justice. Second, he suggested that a public appearance of impropriety existed as a result of the relationship of the parties, the reassignment of the police investigation at a time when the detective who had handled the investigation had nearly completed his work, and the delay in the submission of the case for prosecutorial review notwithstanding the admission of guilt that had already been obtained. Third, the deputy prosecutor recommended that the matter be referred to the Madison County judge with juvenile jurisdiction, the Honorable Jack Brinkman, of Madison Superior Court Two. Fourth, he recommended that waiver of the children to adult court should not be considered. Finally, the deputy prosecutor recommended that because of the political involvement of some of the parents, a special prosecu[179]*179tor should be appointed if any of the parents so desired.

The following day, February 2, the Herald-Bulletin ran a front-page story on the prosecutor's investigation of the police department's work under the headline "Prosecutor finds no wrongdoing." The article stated Cummings' belief that two weeks was a reasonable time period for the police department to complete its work and turn the case over to the prosecutor's office. The article again identified three of the juvenile suspects as sons of local Democratic politicians. The article also included the following paragraph: -

One recommendation [of the deputy prosecutor's investigation] is that if requested by the parents, a special prosecutor be appointed. Cummings said he would have no problem with appointing a special prosecutor.

In a companion story appearing in the Herald-Bulletin that same day under the headline "Mayor Lawler blasts prosecutor's police probe," Anderson Mayor J.

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Related

In Re Spencer
798 N.E.2d 175 (Indiana Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
798 N.E.2d 175, 2003 Ind. LEXIS 952, 2003 WL 22535729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-spencer-ind-2003.