The Indiana Commission on Judicial Qualifications filed formal charges of judicial misconduct against the Honorable Kenneth R. Scheibenberger, the Commission announced today.
The Commission filed a “Notice of the Institution of Formal Proceedings and Statement of Charges” with the Clerk of the Indiana Supreme Court accusing Judge Scheibenberger of violating ethical rules for judges. The charges stem from a November 2007 incident in another judge’s courtroom when Judge Scheibenberger allegedly verbally berated family members of a defendant in court for a sentencing hearing. The statement of charges includes four counts which can be read in their entirety at http://courts.IN.gov/jud-qual/docs/charges/scheibenberger-071508.pdf.
The Clerk’s Online Appellate Docket, http://courts.IN.gov/cofc/docket.html lists the matter as public record under cause number 02S00-0807-JD-396. The filing includes a background detailing events in November 2007 which led to the charges.
Judge Scheibenberger may file an answer to the charges within 20 days, after which the Supreme Court will appoint a panel of three judges to preside over an evidentiary hearing and report its findings to the Indiana Supreme Court. If the Court finds the Commission proved its charges, it will determine the appropriate sanction. Judicial sanctions may include reprimands, suspensions, or removal from office.
The Commission on Judicial Qualifications is a seven member board that screens and investigates allegations of judicial misconduct. According to Commission attorney, Meg Babcock, “The Commission receives 300 to 400 complaints each year. Many are dismissed because they do not raise issues of ethical misconduct. However, when the Commission believes a judge has violated the Code of Judicial Conduct, it either cautions the judge or, as in this case, files public charges of misconduct.” |
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