213 N.E.3d 1022
Ind.2023Background
- Jason A. Cichowicz has served as Judge of the St. Joseph Probate Court since January 1, 2019 and oversaw the Juvenile Justice Center (JJC).
- Before and after taking the bench he represented 73‑year‑old Levering Russell Cartwright, obtained power of attorney, and became sole trustee of the Cartwright Foundation; Cartwright’s estate named Respondent as successor trustee/beneficiary.
- After assuming office Respondent continued to act as Cartwright’s attorney‑in‑fact and sole trustee, writing checks from the Foundation to fund JJC projects ($100,000 and $60,000) routed through an attorney to the Friends of the JJC; the Foundation as the source was not disclosed to the board or county officials.
- Respondent directed Friends funds to vendors that benefitted his father’s businesses (R&K Ceramic Tile and Victory Auto) and had Friends pay for courthouse breakroom work without formal bidding or public documentation.
- The Commission charged Respondent; he stipulated to violations of the Code of Judicial Conduct and agreed to discipline. The Court imposed a 45‑day suspension without pay (Sept. 5–Oct. 20, 2023) and assessed costs of $3,824; Respondent resigned as attorney‑in‑fact July 31, 2023.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Continued fiduciary role after taking bench | Commission: Serving as trustee/attorney‑in‑fact for a non‑family beneficiary violates Rule 3.8 and undermines impartiality | Respondent: Stipulated to facts; sought agreed discipline and mitigation based on career/service | Court: Violations found; fiduciary service after assuming office prohibited and contributed to misconduct |
| Using judicial prestige to advance private/family interests | Commission: Respondent abused office to secure Foundation funds and contracts benefiting family members, violating Rules 1.2 & 1.3 | Respondent: Acknowledged conduct and entered conditional agreement; argued sanction should account for circumstances | Court: Abuse of prestige found; nondisclosure and directing funds to father's businesses improper |
| Failure to disclose trustee role and source of funds | Commission: Non‑disclosure of trustee status and anonymous funding for court projects created appearance of impropriety in violation of Rule 3.1(C) | Respondent: Stipulated but emphasized no personal financial gain; offered remedial assurances | Court: Non‑disclosure suggested willfulness and undermined public confidence; violation sustained |
| Appropriate sanction | Commission: Agreed 45‑day suspension without pay plus costs appropriate given seriousness and pattern | Respondent: Consent to 45‑day suspension as part of conditional discipline | Court: Approved the parties’ agreed 45‑day suspension without pay and assessed costs; suspension deemed warranted to protect integrity and deter misconduct |
Key Cases Cited
- Matter of Freese, 123 N.E.3d 683 (Ind. 2019) (approved a 45‑day suspension for maintaining improper fiduciary relationship after taking the bench; discusses severity of similar misconduct)
- Matter of Hammond, 559 N.E.2d 310 (Ind. 1990) (approved a 90‑day suspension for a judge who maintained a fiduciary role with a former client and advanced that client’s private interests)
- Matter of Funke, 757 N.E.2d 1013 (Ind. 2001) (imposed discipline for appearance of partiality favoring friends/family)
- Matter of Jacobi, 715 N.E.2d 873 (Ind. 1999) (discipline for appearance of partiality)
- In re Hawkins, 902 N.E.2d 231 (Ind. 2009) (explains that judicial discipline aims to preserve integrity, public confidence, and deter misconduct)