IndianaLocalNews

Public admonishment against former St. Joseph Probate Court Referee

A public admonishment has been issued against former St. Joseph Probate Court Referee Barbara Johnston.

The following news release regarding the admonishment was issued by the Indiana Commission on Judicial Qualifications:

The Indiana Commission on Judicial Qualifications has issued a Public Admonition of former St. Joseph Probate Court Referee Barbara Johnston. Johnston cooperated with the investigation, acknowledges she violated the Code of Judicial Conduct, and voluntarily retired from the bench on May 31, 2022.

The Commission admonishes Johnston for temporarily suspending a father’s parenting time with his child based on ex parte information not authorized by law. Referee Johnston did not provide the father and his counsel with a copy of notes from a Guardian Ad Litem, nor did Johnston allow them to review the notes when requested. This is a violation of Rules 1.1, 1.2, 2.2, 2.5(A), and 2.9(A) of the Code of Judicial Conduct. Further details about the matter can be found in the Admonition.

The Commission recognizes that judicial officers confronted with difficult situations may wish to modify certain court procedures to alleviate stress on children involved in the system. However, litigants must be afforded fair and impartial proceedings and judges must conduct proceedings in a manner that complies with the Code of Judicial Conduct.

The seven-member Commission that investigates alleged ethical misconduct by judges determined that formal disciplinary charges are warranted. However, Supreme Court rules allow for the judicial officer and the Commission to agree to a public admonition, instead of filing charges. Johnston-who is no longer on the bench and previously received a Public Admonition in 2012-will not be formally charged with ethical misconduct. She accepts the public admonition.

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3 comments

Charles U Farley July 6, 2022 at 8:48 am

So judges can do whatever they want as long as they are of retirement age? Seems fair.

Reply
Jeffry smith July 6, 2022 at 8:56 am

It’s about time… Men are treated like 2nd class citizens in the Family courts. 50/50 should be the norm not the exception on custody. No parent should have to beg to see their children.

Reply
Slacker06 July 6, 2022 at 12:47 pm

This is EXACTLY what is wrong with Red Flag laws and how they are used. Ex Parte hearings or court actions are UNCONSTITUTIONAL. We have a constitutional right to confront our accusers. When an action takes place in a court and one party is not even informed of the hearing that is unconstitutional.

Besides, In two of the most recent mass killings, one in Texas and one in Illinois the red flag laws were completely IGNORED by the police.

The only first responder you can trust is yourself.

Reply

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