Lowell court judge disciplined for modifying bonds
Lowell Town Court Judge Christopher A. Buckley has been formally disciplined for modifying defendants’ bonds, officials announced Monday.
The Indiana Commission of Judicial Qualifications and Buckley agreed to a public admonition, instead of formal charges, for Buckley’s modifying defendants’ bonds without a motion from the prosecution or notice to the defendants.
Modifying the bonds “violated the Code of Judicial Conduct and the defendants’ due process rights,” according to the commission.
“The commission’s decision to resolve this matter with a public admonition is due to Judge Buckley’s cooperation in this matter, his acceptance of responsibility for his conduct, his lack of any prior disciplinary history and given that most of the cases at issue were subsequently dismissed,” the admonition says.
Buckley presided over the Lowell Town Court, which has jurisdiction over ordinance violations, infractions and misdemeanors, from 2016 to 2020, according to the commission.
In the four years Buckley served on the court, at least eight individuals — in 13 separate matters — were charged with one offense, given bail and then issued a “no bond” determination by Buckley when they were subsequently arrested on other offenses, according to the commission.
In some instances, a defendant initially would receive a monetary bond, according to the Lowell Town Court bond schedule, and Buckley would then change the defendant’s bond to “no bond” along with his order finding probable cause, according to the commission.
The Indiana Constitution states that all offenses, other than murder or treason, are entitled to bail.
“At the time Judge Buckley made his decisions to modify each defendant’s bond, there was no motion to revoke before him nor had the prosecution presented clear and convincing evidence to support a revocation,” according to the ruling.
On Jan. 21, 2020, Buckley reviewed probable cause affidavits for two defendants and issued arrest warrants and ordered they be held without bond. Neither were arrested before their next court session, which was scheduled for Jan. 22, 2020, according to the ruling.
Buckley submitted his letter of resignation on Jan. 30, 2020, but by Feb. 6, 2020, Lowell Court staff noticed the two defendants were still in custody. About a week later, the defendants were brought before Lake Superior Court and released with orders to appear, according to the commission.
On Feb. 21, 2020, the Indiana Supreme Court received a report stating that the Lake County Jail had submitted a request to local Lake County judges to consider the release of two defendants who were
being held without bond.
According to the report, the “request was based on a standing order issued by Judge Buckley, indicating anyone with a pending misdemeanor in the Lowell Town Court who is subsequently arrested and charged with another misdemeanor be held without bond.”
Three days later, on Feb. 24, 2020, Buckley filed a response to the court denying the assertions.
But by not following the guidelines regarding defendant’s bond, Buckley violated the code of judicial conduct, which requires a judge to comply with the law; requires judges to act in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary and to avoid impropriety; judges to perform all duties of judicial office fairly and impartially; and requires a judge to accord every person who has a legal interest in a proceeding the right to be heard, according to the admonition.