June 4th, 2019
Article Updated at 11:00am – 2019/06/05
Hendricks County Superior Court Judge Robert W. Freese was suspended by the Indiana Supreme court for 45 days without pay beginning July 8th through August 22. Freese’s suspension stems from his appointment of an unqualified friend as a trustee of a trust, failing to disclose the friendship or a financial relationship with the friend, and failing to act promptly when faced with mounting evidence of the friend’s mismanagement and embezzlement of the funds entrusted to him. It was ultimately determined Judge Freese appointed friend Steven Scott embezzled $250,000 from the estate. In the words of the Indiana Supreme Court “But the Judge’s misconduct ultimately enabled a massive theft”. “If not for the Judge’s inaction, (Steven) Scott’s theft likely could have been largely prevented.”
Steven Scott plead guilty to federal charges of wire fraud, bank fraud and tax evasion following an investigation by the Indiana State Police and the IRS. Steven Scott was sentenced to serve 30 months in prison on May 2017 by Indiana Southern District Judge Tanya Walton Pratt. The stolen funds remain unrecovered.
Judge Freese admitted that he violated four provisions of the Code of Judicial Conduct:
- Rule 1.2: requiring judges to avoid impropriety and act at all times in a manner promoting public confidence in the judiciary integrity;
- Rule 2.4 (B), prohibiting judges from allowing social relationships to influence the judge’s judicial conduct or judgment;
- Rule 2.5(A), requiring judges to perform judicial and administrative duties competently, diligently, and promptly; and
- Rule 2.13(A)(1), requiring judges to exercise the power of appointment impartially and on the basis of merit.
The Commission cited as mitigating circumstances Judge Freese’s lengthy and distinguished career, active leadership in judicial, legal and civil service organizations, lack of prior disciplinary history, cooperation with the investigation and remorse and that there was no aggravating circumstances. The misconduct was not deliberate or willful and brought him no financial benefit or personal gain. Citing case law, the commission recommended the 45-day suspension without pay as it was warranted because of the serious harm to the Trust and the Estate that were enabled by the judge’s misconduct.
For an in depth analysis of this case
see the article by Olivia Covington of THE INDIANA LAWYER >> CLICK HERE <<
To Review the Indiana Supreme Court Judiciary Opinion —
Case 195-JD-52 >> CLICK HERE <<
To review the findings against and sentencing of Steven Scott >> CLICK HERE <<
The Editor
Article Updated at 11:00am – 2019/06/05
