24 N.E.3d 958
Ind.2015Background
- The Indiana Commission on Judicial Qualifications filed disciplinary charges against Judge Dianna L. Bennington; parties submitted a joint Statement of Circumstances and Conditional Agreement. The Indiana Supreme Court accepted the agreement and permanently barred Bennington from any judicial office; she resigned and may retain her law license.
- Misuse of contempt: Bennington jailed unrepresented defendants (Ewing, Westbrook) without imposing determinate sentences, reducing orders to writing, appointing counsel, informing of appeal rights, or otherwise affording due process before incarceration.
- Exceeding authority in sentencing: Bennington imposed unauthorized conditions (community service, report) and issued a bench warrant for Proctor for failing to comply with terms unlawful for a Class C infraction; she also accepted guilty pleas but rejected plea agreements and sua sponte ordered presentence investigations (Gillenwater), contrary to statutory limits.
- Procedural failures: Bennington proceeded with a misdemeanor sentencing without the prosecutor present and, from 2012–June 2014, failed to record misdemeanor plea and sentencing hearings as required by Criminal Rules.
- Personal conduct and noncooperation: Bennington made an unjudicial Facebook comment and engaged in public confrontations including a racial slur; she also provided incomplete responses, failed to comply with subpoenas, and missed depositions during the Commission’s investigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abuse of contempt powers (Ewing, Westbrook) | Bennington jailed individuals without statutorily required written orders, determinate sentences, counsel, or due process | (No substantial defense in stipulation) | Court accepted that she abused contempt powers and violated judicial conduct rules; conduct prejudicial to administration of justice |
| Exceeding sentencing authority (Proctor) | Imposed unauthorized sentences and issued arrest warrant for failing to comply with unlawful terms for a Class C infraction | (No substantial defense in stipulation) | Violated judicial conduct rules by imposing sentence beyond statutory authority |
| Improper handling of pleas/sentencing (Gillenwater; prosecutor absent; recording failures) | Rejected plea agreement while accepting plea and ordered presentence investigation; proceeded without prosecutor; failed to record required proceedings | (No substantial defense in stipulation) | Violations of criminal procedure and judicial conduct rules for altering plea agreements, ex parte/absent-prosecutor proceedings, and failing to record pleas/sentencings |
| Personal misconduct and failure to cooperate with Commission | Engaged in public conduct undermining judicial integrity; failed to cooperate with investigation and subpoenas | (No substantial defense in stipulation) | Violated ethical rules requiring dignified conduct and cooperation with disciplinary agencies; warranted permanent bar |
Key Cases Cited
- Allen v. Vermillion Cty. Cir. Court, 248 Ind. 258, 226 N.E.2d 324 (Ind. 1967) (procedural requirements for contempt and relief where judge failed to follow statute)
- State v. Scales, 593 N.E.2d 181 (Ind. 1992) (Criminal Rule 5 requires recording of oral evidence and Crim. R. 10 requires recording guilty pleas)
- St. Clair v. State, 901 N.E.2d 490 (Ind. 2009) (court must accept or reject plea agreements; cannot unilaterally alter them)
- Matter of Pfaff, 838 N.E.2d 1022 (Ind. 2005) (judicial misconduct based on unseemly personal conduct; disciplinary outcome supports resignation and removal)
- Matter of Brown, 4 N.E.3d 619 (Ind. 2014) (judge’s duty to cooperate with disciplinary investigation)