Indianapolis, IN — The Indiana Commission on Judicial Qualifications has filed disciplinary charges against Decatur Circuit Court Judge Timothy Day.
The Commission alleges two counts of misconduct in Child in Need of Services (CHINS ) cases related to a pattern of not including Guardian Ad Litems/Court Appointed Special Advocates (GALS/CASAs) from the proceedings and fostering a culture of one-sided communications.
Judge Day is permitted – but not required – to file an answer to the charges within 20 days.
The charges were outlined in an eight-page court “Notice of the Institution of Formal Proceedings and Statement of Charges,” and were brought by the seven-member Commission, which investigates alleged ethical misconduct by judges.
The Commission alleges that Judge Day violated judicial requirements to comply and uphold the law; perform all duties fairly and impartially; and not initiate, permit, or consider prohibited communications.
Of the two counts, one is related to Judge Day’s alleged pattern of not including GALs/CASAs in proceedings for cases involving a minor, even though GALs/CASAs were parties to those proceedings.
The remaining charge, covering a three-year period, is for allegedly allowing prohibited communications and not taking remedial measures when such communications were received in CHINS cases.
The Indiana Supreme Court has final authority to determine what, if any, judicial misconduct occurred.
The Court can dismiss the charges, accept or reject a disciplinary agreement between the Commission and Judge Day, appoint a panel of judges to conduct a public hearing, impose a fine, or impose sanctions ranging from a reprimand to a suspension to a permanent ban on holding judicial office in Indiana.
