In the Matter of the Honorable Walter P. CHAPALA, Senior Judge

Supreme Court of Indiana2009-03-06No. No. 46S00-0810-JD-580

902 N.E.2d 218

Summary · law.co

Holding. The court dismissed the matter as moot without prejudice, finding that Chapala's resignation from the bench, termination of Senior Judge status, and retirement from the bar had already achieved the practical effect of the sanctions the court would likely impose if it found the charges proven.

The Indiana Commission on Judicial Qualifications brought formal charges against Senior Judge Walter P. Chapala for serious judicial misconduct involving two separate matters: allegedly conditioning a prison sentence reduction on a monetary contribution to court programs, and presiding over a contempt case against a sheriff despite a potential conflict of interest involving a family member. Before the charges were filed, Chapala had resigned from his elected judicial position and was serving as a Senior Judge; he subsequently lost his certification as a Senior Judge and retired from the practice of law.

The court determined that the disciplinary proceedings had become moot because Chapala's voluntary departure from judicial service, loss of Senior Judge status, and retirement from the bar already accomplished what the court would likely impose as sanctions if he were found guilty. The court found continued litigation to be an inefficient use of judicial resources under these circumstances.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Mootness in judicial discipline proceedings
Effect of voluntary resignation and retirement on pending misconduct charges
Judicial economy in disciplinary matters

Procedural posture

Formal charges of judicial misconduct were filed against Chapala by the Commission on Judicial Qualifications, with a hearing scheduled, when Chapala resigned from the bench, ceased serving as a Senior Judge, and retired from the practice of law.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

PUBLISHED ORDER DISMISSING MATTER WITHOUT PREJUDICE

On October 29, 2008, the Indiana Commission on Judicial Qualifications filed a Notice of the Institution of Formal Proceedings and Statement of Charges (the Charges) against the Respondent, Walter P: Chapala. The matter is presently pending before this Court, with a hearing scheduled to commence on March 12, 2009. For the reasons stated below, the Court elects to dismiss this matter as moot.

The Charges stem from the judges conduct in two separate cases. In the first allegation, the Commission charged that Judge Chapala, when he was the elected judge, suspended a significant portion of a mans prison term in the Department of Corrections in exchange for the mans fathers $100,000.00 contribution to two court programs. In the second allegation, the Commission charges that Judge Chapala, also while an elected judge, instituted contempt proceedings against the Sheriff of LaPorte County for having lawfully turned Chapalas daughter-in-laws nephew over to Michigan authorities, then continued to preside over the nephews Indiana case.

Respondent, after the time the alleged misconduct occurred and before the Charges were filed, resigned as an elected judge and was certified to serve as a Senior Judge pursuant to Indiana Code chapter 383-27-4. He was serving as a Senior Judge when the Charges were filed. At all relevant times, he was an active Indiana attorney in good standing. However, Respondent is no longer certified to serve as a Senior Judge in that capacity. See Ind. Code § 838-27-4-2; Ind. Administrative Rule 5(B)(8). Further, on February 25, 2009, Respondent submitted an affidavit of retirement from the practice of law pursuant to Indiana Admission and Discipline Rule 2(d) and is now no longer an active member of the Indiana bar.

The allegations of misconduct here are most serious. But the effect of the most likely sanctions that this Court would impose if it were to find judge Chapala guilty has already been achieved with his resignation from the bench, the termination of his service as a Senior Judge, and his retirement from the bar. See Ind. Admission and Discipline Rule 25(IV). We therefore find that the matter is effectively moot and the continued litigation of this matter an inefficient use of limited judicial resources.

Accordingly, this matter is hereby DISMISSED AS MOOT without prejudice to the Commission re-filing the Charges should Judge Chapala seek reinstatement as a member of the Indiana bar or admission to the bar of any other jurisdiction.

The Clerk is directed to send copies of this order to the three appointed masters; to the Hon. Walter P. Chapala and Respondents counsel; to the Supreme Court Administrator; and to Meg Babcock and Adrienne Meiring, Counsel for the Commission on Judicial Qualifications. The Clerk is also directed to post this order to the Courts website, and Thomson/West is directed to publish a copy of this order in the bound volumes of this Courts decisions.

All Justices concur.