Misconduct Charges Filed Against Muncie City Judge

A state commission has filed misconduct charges against a Muncie City Court judge, saying she abused her power in the office.

Democratic Judge Dianna Bennington was elected in 2011 to oversee the Muncie City Court.  On Thursday, the Indiana Commission on Judicial Qualifications filed charges with the state, saying Bennington committed 13 counts of misconduct.

The commission says Bennington repeatedly violated statutes and court rules, as well as ethical rules. The charges include conducting a sentencing hearing without a prosecutor present, imposing certain sentencing conditions without having the authority to do so, violating contempt procedures and statutes of due process, and violating standards of public conduct for judges.

Messages left for Judge Bennington at the City Court office were not returned.

Kathryn Dolan with the Indiana Supreme Court says filing charges against Hoosier judges is rare.

“The commission receives about 400 complaints a year," Dolan said. "Last year, the commission only filed one complaint against a judge.”

Dolan says Bennington has 20 days to file what’s called “an answer” to the charges.  But, she is not required to.  Staff at the City Court office did not say whether Bennington will file an answering document.

Once Bennington files an answer – or after 20 days if she decides not to – the Indiana Supreme Court will appoint three other judges for a public hearing.  That works like its own court case, Dolan says.

“The prosecutors explain and allege the charges, and the judge can call witnesses," Dolan said. "The prosecution can call witnesses.  Eventually the masters recommend what they believe should happen in this case.”

That recommendation goes to the Indiana Supreme Court.  The court could drop all misconduct charges.  It could impose public reprimands, fines, or suspensions.  Or, Dolan says, the court has the power to remove the judge from office.

City court judges in Indiana are elected to 4-year terms, so the seat is not scheduled to be up for re-election until November 2015.   Dolan says the commission has not yet decided whether to hold the public hearing in Muncie or in another city.