Published: September 18, 2008 04:04 pm            

Judge Jessup reprimanded

No formal charges will be brought against him for drug accusation

Howard Superior Court 2 Judge Stephen Jessup was officially reprimanded Thursday for accusing former Deputy Prosecutor David Steele of using drugs.

Meg Babcock, of the Indiana Judicial Qualifications Commission, said in a written statement that Jessup was not formally charged with ethical misconduct for the accusation since he cooperated in the commission’s investigation and admitted he violated the Code of Judicial Conduct.

Jessup said strict judicial restrictions prohibit him from commenting on the matter.

The accusation by Jessup came after Steele failed to show for an April 18 hearing concerning a client’s guilty plea.

Steele had fellow prosecutor Michael Krebes sit in for him at the hearing, which is common practice among attorneys.

But Jessup was upset because he previously warned Steele, in November 2007 not to miss another hearing.

When Steele failed to show for the April 18 hearing, Jessup halted the proceedings and called Steele’s secretary, who he told to find Steele. Jessup then went downstairs to the office of Howard County Prosecutor James Fleming. There, Jessup allegedly accused Steele of “shooting up.”

Steele denied the accusation and even drug tested himself to prove Jessup’s claim was untrue.

“I do not take drugs,” Steele told the Kokomo Tribune in May. “I unequivocally deny any and all drug use whatsoever. I voluntarily took a urine test even though I felt it violated every civil right I went to law school to protect. Obviously, the drug test came back completely clean.”

According to the commission’s ruling, “Jessup apologized to Steele and acknowledges he had no personal knowledge on which to base such a statement.”

Steele has since resigned from the prosecutor’s office for personal reasons and said he plans to move to Indianapolis.

“I personally don’t hold any ill will against Judge Jessup,” Steele said Thursday of the incident.

“We all say stupid things from time to time that we regret.”

Steele added that he did not file a complaint with the commission against Jessup and was never contacted by the commission of the results.

“Nobody from the commission spoke to me about it, and it was done without my knowledge,” he said.

“I am glad the commission found his statements had no merit, which came as no surprise for people who know me. I’m just glad the whole matter is behind me.”

The commission is a seven-member body comprised of the chief justice of Indiana, three lawyers elected by lawyers throughout the state, and three non-lawyers appointed by the governor.

Supreme Court rules give the commission the discretion to issue a commission admonition instead of proceeding to formal charges when the judge consents to that resolution and when the commission determines that a public admonition sufficiently addresses the misconduct alleged, a statement from the commission stated.

Mike Fletcher may be reached at (765) 454-8565 or via e-mail at mike.fletcher@kokomotribune.com

        

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