Legal Ethics

Judge Says His Courtroom Obscenities Tied to Son’s Death

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An Indiana judge charged in a misconduct complaint says he had reason to be angry when he made disparaging remarks about a defendant during a sentencing hearing in another courtroom.

Judge Kenneth Scheibenberger is accused of visiting another judge’s courtroom in 2007 and calling the defendant, charged with a weapons violation, a “piece of shit.” According to a complaint (PDF) by the Indiana Commission on Judicial Qualifications, Scheibenberger told a prosecutor that the defendant was a drug dealer and responded to a courtroom comment with the words, “Upstanding citizen, my ass!” He was wearing his judicial robes at the time, the commission says.

Scheibenberger explained in an interview with the Fort Wayne News-Sentinel why he was angry with the defendant. “He sold drugs to my son,” Scheibenberger said. “My dead son.” Scheibenberger’s 27-year-old son died of a cocaine overdose last August.

Scheibenberger has had prior disciplinary problems. He received a public admonishment for granting a continuance in a misdemeanor case against his son that was pending before another judge, the newspaper says. However, he escaped disciplinary action when he tossed a dollar bill at a court employee who raised her top in a bar, the story says. He entered rehab for his drinking soon afterward, according to the story.

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