The Indiana Commission on Judicial Qualifications has issued a Public Admonition against Delaware County Commissioner Brian M. Pierce.  Commissioner Pierce serves as the Delaware Circuit Court Juvenile Commissioner.  He is being admonished for his conduct after receiving a parking ticket in February 2009.

A Public Admonition is a resolution of a judicial disciplinary investigation in which a judicial officer admits that specific actions constituted ethical misconduct and receives an official censure from the Commission.  Supreme Court rules give the Indiana Commission on Judicial Qualifications the discretion to issue a Commission Admonition instead of filing formal charges.  The Commission can issue an Admonition when it determines that a Public Admonition sufficiently addresses the misconduct and the judge consents to that resolution.  The Public Admonitions are kept on file with the Commission and also can be read by the public on the Commission’s website which is courts.in.gov/jud-qual.

Commissioner Pierce admits to violating Rule 1.2 and Rule 1.3 of the Code of Judicial Conduct.  The violations stem from a February 2009 incident when he received a parking ticket from the City of Muncie.  The code enforcement officer ticketed Commissioner Pierce’s personal vehicle for parking in the wrong direction.  Commissioner Pierce confronted the officer, announced he worked as a court commissioner/juvenile court judge, and suggested he would call the sheriff’s department to intervene. 

Commissioner Pierce later telephoned the City of Muncie’s Board of Public Works and Safety to complain about the parking ticket.  He spoke to the Board’s secretary and identified himself as a judicial officer from juvenile court and demanded to know why city officials were ticketing vehicles after a snowstorm.  He suggested he would subpoena the secretary and code enforcement officer into his courtroom to explain the situation.

Commissioner Pierce also spoke to the Deputy Mayor and Mayor and vigorously protested the City’s parking enforcement practices and used profanity on several occasions during the conversations. Commissioner Pierce paid the parking ticket in February 2009.

Commissioner Pierce acknowledges that his behavior violated Rule 1.2 and Rule 1.3 of the Code of Judicial Conduct.  Rule 1.2 requires judges to act in a manner that promotes the public’s confidence in the judiciary and to avoid the appearance of impropriety. Rule 1.3 prohibits judges from abusing the prestige of judicial office in an attempt to advance personal interests. 

Instead of filing formal charges against Commissioner Pierce, the Commission is issuing a Public Admonition against him.  The Admonition can be found attached to this news release. Commissioner Pierce fully cooperated with the Indiana Commission on Judicial Qualifications’ investigation and admits his behavior is a violation of the Judicial Code of Conduct.