| ► Judge Martha Hagerty of Fremont, IN; unethical Dumbo |
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Judge Martha Hagerty of Fremont, IN; unethical Dumbo The Indiana Judicial Qualifications Commission found Judge Hagerty guilty of the following misconduct.
The misconduct involves Martha’s conduct in regards to a traffic infraction case. The defendant in the case called the Fremont Town court about the ticket, which resulted in a driver’s license suspension. Judge Hagerty told the defendant his license would be reinstated if he paid a fine. Subsequently, the defendant sent a letter and called Martha to request a hearing to contest the ticket. Martha did not set the matter for a hearing.
In addition to speaking with the defendant when the prosecutor wasn’t present, Martha also spoke to the prosecutor about the case when the defendant wasn’t present. One-sided (ex parte) communications are not lawful, a fact Martha clearly was aware of.
The defendant continued to ask that a hearing be set in the case and each time he called Martha, she would again offer to resolve the case if he paid a fine.
As a consequence of Marsha’s misconduct, the prosecutor had the case dismissed.
As a consequence of her misconduct, the apologists for Judicial Misfits sitting on the Indiana Judicial Qualifications Commission punished Martha by gifting her with a complimentary admonition.
As we speak (ca. March 2013, Judge Hagerty remains sitting as the Fremont Town Court Judge in Fremont, Indiana.
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