‘Soft-hearted’ former judge admonished for using his cash to encourage settlement
Judiciary
‘Soft-hearted’ former judge admonished for using his cash to encourage settlement
May 20, 2024, 12:43 pm CDT
A former Indiana judge who asked about a settlement while presiding over a hearing and then loaned the defendant $1,000 to resolve the matter has received a public admonishment. (Image from Shutterstock)
A former Indiana judge who asked about a settlement while presiding over a hearing and then loaned the defendant $1,000 to resolve the matter has received a public admonishment.
The Indiana Commission on Judicial Qualifications publicly admonished former Judge Rex Kepner of Benton County, Indiana, on May 17, according to a May 17 press release.
The Indiana Capital Chronicle and WLFI have news coverage.
“I just got soft-hearted and was trying to help people out,” Kepner told WLFI.
Kepner’s lawyer, James Bell, did not immediately respond to the ABA Journal’s email request for comment.
Kepner is no longer a judge, the Indiana Capital Chronicle reports. He is currently the prosecuting attorney for Benton County.
The public admonition acknowledged that Kepner did not have an improper motive for the loan, and that he “merely sought to assist a struggling community member.” But Kepner nonetheless “acted outside of his role as a neutral arbiter of the dispute by making the loan.”
“While judges can feel sympathy towards a litigant,” the public admonition said, “judges must be mindful of the duty to remain impartial and to not allow such compassion to cause them to take actions, such as the instant matter, which cause the public to question their impartiality.”
Kepner loaned the defendant the money during an Oct. 6, 2020, hearing to address the status of a prior default judgment. Kepner asked how much money that the defendant had already paid and how much money was owed. He then asked the plaintiff how much money that he would accept as a settlement.
An order in a rental-damage case indicates that the defendant agreed to accept $1,000, according to the Indiana Capital Chronicle.
After the plaintiff answered, Kepner stepped off the bench and into his chambers. Through his court reporter, he provided the defendant the cash needed to resolve the case. The court reporter relayed Kepner’s message that the money was a loan that the defendant would have to repay when able.
The plaintiff was unaware of the source of the money.
Kepner had cooperated in the ethics matter “and apologizes for engaging in conduct unbecoming of a judicial officer,” the admonishment said.
