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Published: September 10, 2008 3:00 a.m.

Panel to rule on Allen judge's outburst

Rebecca S. Green
The Journal Gazette
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The Indiana Supreme Court appointed a three-judge panel to hear a complaint of judicial misconduct against Allen Superior Court Judge Kenneth R. Scheibenberger.

Last week, the Supreme Court appointed Marion Superior Judge Sheila A. Carlisle, Vigo Circuit/Superior Court David Bolk and Lake Superior Judge Thomas Stefaniak Jr. The three judges, known as “masters,” will conduct a hearing on a charge of judicial misconduct filed in July by the Indiana Commission on Judicial Qualifications against Scheibenberger.

Led by Carlisle, the masters will then file a report with the high court on whether the commission proved its case against Scheibenberger.

If they decide the commission proved its case, the masters will determine what sanctions are warranted against Scheibenberger that could include reprimand, suspension or removal from the bench.

In July, the commission took the rare step of filing charges with the Indiana Supreme Court and alleged Scheibenberger violated the rules of judicial conduct in a verbal exchange with a criminal defendant’s family last November in another judge’s courtroom.

The defendant had not appeared before Scheibenberger, but the judge believed the man had sold drugs to Scheibenberger’s late son.

Through his attorney, Scheibenberger filed a response to the commission’s charges in August, saying he regretted his failure to prevent his emotions from affecting his conduct.

Within a month, the masters are required to submit a schedule of their work that would allow for a hearing to be conducted and a ruling to be made by the second full week of January, according to court documents.

rgreen@jg.net