In the Matter of William Young

943 N.E.2d 1276, 2011 Ind. LEXIS 73, 2011 WL 726649
CourtIndiana Supreme Court
DecidedFebruary 14, 2011
Docket49S00-1007-JD-374
StatusPublished
Cited by6 cases

This text of 943 N.E.2d 1276 (In the Matter of William Young) 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 the Matter of William Young, 943 N.E.2d 1276, 2011 Ind. LEXIS 73, 2011 WL 726649 (Ind. 2011).

Opinions

JUDICIAL DISCIPLINARY ACTION

PER CURIAM.

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, William E. Young, Judge of the Marion Superior 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.

Subsequent to the filing of formal charges by the Commission, the Respondent and the Commission jointly tendered a “Statement of Circumstances and Conditional Agreement for Discipline” (hereinafter “Conditional Agreement”) in which they stipulated to certain facts that will be recounted below. We accepted the parties’ Conditional Agreement by order on November 23, 2010.

Stipulated Facts and Violations

Hollinsworth Case

On February 4, 2009, a bench trial was scheduled in Respondent’s court for defendant Christian Hollinsworth, who was charged with driving with a suspended license (a Class A misdemeanor, see Ind. Code § 9-24-19-2 (West 2004)), and for speeding (an infraction, see Ind.Code § 9-21-5-13 (West Supp.2009)). Hollins-worth’s attorney initially requested a brief delay in the start of the trial so Hollins-worth could sign a plea agreement offered by the prosecutor. When Hollinsworth did not sign the plea agreement, her attorney sought a continuance of the trial, which Respondent denied.

[1278]*1278At the start of the State’s examination of its first witness, Hollinsworth’s attorney informed Respondent that Hollinsworth wished to accept the State’s plea offer. Respondent declared, “It’s too late. If I find her guilty, she’s going to jail for a year.” Hollinsworth tried to explain to Respondent that her attorney previously had misunderstood her, that she had told him she wished to accept the plea agreement if the court would not grant a continuance and that she did not want to go to trial. Respondent responded, “I don’t know if I want to take your plea. I’d rather just go to trial, I think. I don’t like being jerked around at all, all right?” Hollinsworth continued her attempts to explain, but Respondent informed her, “I’m not taking a plea,” and instructed the prosecutor to continue examination of the State’s first witness.

At the conclusion of the trial, Respondent found Hollinsworth guilty of driving with a suspended license, entered a true finding on the speeding charge, and sentenced Hollinsworth to the maximum period of incarceration (365 days) and suspended her driving license for a year. During the sentencing hearing, Respondent made reference to two criminal cases pending against Hollinsworth in another court. When her attorney pointed out, “Those are only alleged charges,” Respondent responded, “Sure they are.”

Five days later, on February 9, 2009, Hollinsworth filed a motion with the court seeking sentence modification, which Respondent denied on February 11, 2009. On February 13, 2009, Hollinsworth filed a second motion for sentence modification, this time joined by the State. Respondent granted this joint motion, modifying Hol-linsworth’s sentence to 22 days executed with the remaining 343 days suspended. The license suspension remained unchanged.

Thereafter, Hollinsworth appealed. On June 3, 2010, this Court granted Hollins-worth’s petition to transfer, reversed the trial court’s decision, and remanded the matter for a new trial due to Respondent’s behavior. See Hollinsworth v. State, 928 N.E.2d 201 (Ind.2010) (per curiam). Concerning Respondent’s behavior on February 4, 2009, we noted:

Indiana Judicial Conduct Canon 2 requires a judge to “perform the duties of judicial office impartially, competently, and diligently.” Judges must be “objective and open-minded.” Rule 2.2, comment 1. “A judge shall perform the duties of judicial office ... without bias or prejudice.” Rule 2.3(A). “A judge shall be patient, dignified, and courteous to litigants.” Rule 2.8(B). A judge shall disqualify himself or herself “in any proceeding in which the judge’s impartiality might reasonably be questioned” including in circumstances when “the judge has a personal bias or prejudice concerning a party.” Rule 2.11(A).
The trial court’s behavior in this case did not meet these standards.

Id. at 202.

We find, and the parties agree, that Respondent’s statements and conduct during the Hollinsworth proceedings violated the portions of Judicial Conduct Canon 2 noted in our Hollinsworth opinion; violated Rule 1.2 of the Code of Judicial Conduct, which requires a judge to “act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and [to] avoid impropriety and the appearance of impropriety,” Ind. Judicial Conduct Rule 1.2 (West 2009) (asterisks deleted); and were prejudicial to the administration of justice.

Other Traffic Infraction Cases

In 2009, the penalty range for a Class C traffic infraction was $0 to $500, [1279]*1279IncLCode § 34-28-5-4(c) (West Supp. 2009), and court costs were an additional $149.50. Throughout 2009, Respondent engaged in a practice of imposing substantially higher penalties of $300 to $400 in fines, plus court costs, against traffic-infraction litigants who exercised their right to trial and lost, as compared to those who pleaded guilty and waived their right to trial. Indeed, in one instance, when a traffic-infraction defendant came before the bench and was trying to decide whether to admit or deny her infraction, Respondent stated, “I’m a great listener but sometimes I’m very expensive.”

Respondent admits he engaged in this practice in part because he believed the litigants on whom he imposed the higher fines should not have pursued trials, and in part because he wanted to discourage other litigants from exercising their constitutional rights to trials.

We find, and the parties agree, that by employing a practice of imposing increased penalties against traffic-infraction litigants for exercising their trial rights so as to penalize them for doing so and to discourage others from doing so, Respondent violated Code of Judicial Conduct Rule 1.2, discussed above; Rule 1.1, which requires a judge to “comply with the law, including the Code of Judicial Conduct,” Jud. Cond. R. 1.1 (asterisk deleted); and Rule 2.2, which requires a judge to “uphold and apply the law” and “perform all duties of judicial office fairly and impartially,” Jud. Cond. R. 2.2 (asterisk deleted); see also id. at cmt. 1 (“To ensure impartiality and fairness to all parties, a judge must be objective and open-minded.”); and that his conduct was prejudicial to the administration of justice. We also find that Respondent’s conduct in this regard violated Rule 2.6, which states that “[a] judge shall accord to every person who has a legal interest in a proceeding ... the right to be heard according to law,” Jud. Cond. R. 2.6(A), and that “[a] judge ... shall not act in a manner that coerces any party into settlement,” Jud. Cond. R. 2.6(B).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
943 N.E.2d 1276, 2011 Ind. LEXIS 73, 2011 WL 726649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-william-young-ind-2011.