The Indiana Commission on Judicial Qualifications has filed disciplinary charges against suspended Knox County City Court Judge David Andrew Moreland.  The Commission alleges that Judge Moreland, who is not required to be an attorney to serve in the Bicknell City Court, misappropriated court funds for personal use, engaged in nepotism by employing his wife as the court clerk, and directed his wife to misappropriate court funds. 

Mr. Moreland was elected to the bench and began his term as Bicknell City Court Judge in Knox County on January 1, 2008.  On October 13, 2009, the Knox County Prosecutor filed five Class D Felony charges of Theft against Judge Moreland.  The Indiana Commission on Judicial Qualifications filed a “Notice of Criminal Charges and Request for Suspension” with the Indiana Supreme Court that same day.  After reviewing the request, the Indiana Supreme Court immediately ordered Judge Moreland suspended with pay.  The Court appointed a judge pro tempore to fill the vacancy left in Bicknell City Court.        

The Commission’s investigation into Judge Moreland and missing court money paid by traffic offenders has now resulted in the filing of five counts of misconduct.  The “Notice of the Institution of Formal Proceedings and Statement of Charges” was filed by the Commission with the Indiana Appellate Courts’ Clerk (case number 42S00-0910-JD-441) on December 16, 2009.  The document accompanies this press release and details the Commission’s allegations against Judge Moreland.  The misconduct charges filed with the Indiana Supreme Court by the Commission are separate from any criminal charges filed in an Indiana trial court. 

The “Notice of the Institution of Formal Proceedings and Statement of Charges” includes background information regarding an audit conducted by the Indiana State Board of Accounts which uncovered the missing court money. The Statement of Charges also details Judge Moreland’s admission to Indiana State Police that he and his wife took court money.  The specific counts alleging misconduct are provided in the “Notice of the Institution of Formal Proceedings and Statement of Charges,” and, generally, they include the following:

1. Count I centers on the allegation Judge Moreland misappropriated court funds for personal use in 2008, violating Canon 1 and Canon 2A of the 2008 Code of Judicial Conduct.  The Canons require judges to preserve the integrity of the judiciary, avoid impropriety, and promote the public’s confidence in the integrity of the judiciary.  Judge Moreland also is charged in this count with committing willful misconduct in office.

2. Count II centers on Judge Moreland directing or permitting his wife to misappropriate court funds for personal use in 2008 which is a violation of Canons 1 and 2A of the 2008 Code of Judicial Conduct.  The count also alleges Judge Moreland committed willful misconduct in office and conduct prejudicial to the administration of justice.

3. Count III centers on Judge Moreland misappropriating court funds for personal use in 2009, which is a violation of Rule 1.1 of the 2009 Code of Judicial Conduct which requires judges to comply with the law.  It is also a violation of Rule 1.2 of the 2009 Code of Judicial Conduct which requires judges to avoid impropriety and promote public confidence in the judiciary.  The count also alleges he committed willful misconduct in office and conduct prejudicial to the administration of justice.

4. Count IV centers on Judge Moreland’s conduct in directing or permitting his wife to misappropriate court funds for personal use in 2009, which is a violation of Rules 1.1 and 1.2 of the 2009 Code of Judicial Conduct.  The count also alleges he committed willful misconduct in office and conduct prejudicial to the administration of justice.

5. Count V centers on Judge Moreland employing his wife as the city court clerk, which is a violation of Canon 3(C)(4) of the 2008 Code of Judicial Conduct and Rule 2.13(A)(2) of the 2009 Code of Judicial Conduct which require judges to avoid nepotism in hiring.

Judge Moreland has the opportunity to file an Answer to the charges with the Supreme Court within twenty days of receiving the charges.  After the Answer is filed or twenty days has passed, the Indiana Supreme Court will appoint three Masters (Judges) to conduct a public hearing on the charge that Judge Moreland committed judicial misconduct. 

The Commission on Judicial Qualifications is the 7-member group that investigates alleged ethical misconduct by judges.  Chief Justice Randall T. Shepard chairs the Commission.  The Indiana Supreme Court that has final authority over judicial discipline. The Court can dismiss the charges against Judge Moreland or it can impose sanctions ranging from a reprimand to a permanent ban on holding a judicial office in Indiana.

	Notice of the Institution of Formal Proceedings and Statement of Charges
	2008 Code of Judicial Conduct
	2009 Code of Judicial Conduct