INDIANAPOLIS — There has been loud criticism from the public and law enforcement for months as Hoosiers believe some Marion County judges have become too lenient.
Judge Mark Stoner, who sentenced Indianapolis police officer Breann Leath’s killer, faced bigtime backlash. Thousands signed a petition trying to remove Stoner from the bench. Indianapolis Mayor Joe Hogsett, the Indiana State Police Alliance, the Indianapolis Merit Board and Indy Fraternal Order of Police President Rick Snyder all spoke out.
“This is a disgrace, a miscarriage of justice,” Snyder said at the time. “He should be ashamed of himself.”
Thousands of citizens also signed a petition demanding Judge Stoner step down, accusing the long-time judge of mishandling Elliahs Dorsey’s case.
The prosecutor wanted a sentence of 63 years, but Dorsey got 25 years and 15 years of probation. Specifically, Dorsey was found guilty but mentally ill of 6 charges. Judge Stoner is allowing Dorsey to serve the sentences concurrently not consecutively and he reduced a criminal confinement charge from a level 3 felony to a level 6.
Another one of Stoner’s cases has recently caught heavy criticism too.
Dacia Lacey, an Indy mother who admitted she smothered her infant daughter to death while high on meth, was found not guilty by Stoner. In his ruling, the Judge said that Lacey was a bad mother but that prosecutors didn’t prove she intentionally harmed her newborn. Stoner said he thought prosecutors charged her with the wrong crime.
While the public criticized his decision, the Indianapolis Bar Association defended Stoner.
“First, I think that the Marion County Judiciary is top-notch,” said attorney Lee Christie. “I would grade them an A overall.”
Christie is the President-Elect for the Indianapolis Bar Association. He and other members recently responded to Stoner’s criticism with a letter detailing how they believe the public was misled about the Dorsey case. He said Judge Stoner followed sentencing guidelines.
“Judge Stoner’s sentence was within the guidelines for what Dorsey was convicted of, what the jury found him convicted of, and where he was allowed to sentence him,” Christie said. “It doesn’t do any good to charge somebody with a crime that the public thinks he should be charged with. If you don’t have the proof to find him guilty, they will walk with no sentence.”
Dorsey was found guilty but mentally ill of reckless homicide. The maximum sentence for that charge is 6 years. Judge Stoner gave him 5 years and 3 months.
Judge Stoner has since announced his retirement at the end of this year.
Recently, FOX59/CBS4 viewers have asked what they can do as taxpayers if they believe Stoner or another judge is abusing power, too lenient or not following the law.
Step one
First, you can file an official complaint by clicking on this link. The Judicial Nominating and Qualifications Commission looks at complaints against judges. Christie is also a current member.
“It includes a Justice of the Supreme Court, it also includes an appellate court judge,” Christie said. “So there are 14 members. There are lay people, there are attorneys, then the justice and the judge.”
Christie said between 75 and 200 complaints come in every quarter, but most are issues that would be considered for appeal and not a specific complaint against a judge. The committee can vote to file charges against a judge to have them removed. Christie has voted to do that one time.
The bipartisan committee interviews all the candidates and gives the governor their top three choices. Then, the governor investigates and makes his pick.
Step two
Second, voters can vote not to retain a judge. In 2017, the General Assembly formed a 14-member committee that helps choose judges for Marion County.
So, while Marion County voters don’t elect judges, they do vote if they’ll retain one. For each judge, that happens every six years.
“Really, it is a good bipartisan program to put the best judiciary for the residents of Marion County,” Christie said. “In my opinion.”
While much of the criticism has been focused lately on judges, Christie said he believes that there is a greater need for a robust discussion on sentencing guidelines and what individuals can be charged with. He said that ultimately Hoosier lawmakers make those decisions.
Step three
This November, Hoosier voters will decide the fate of 18 judges up for retention. Eight of the judges have volunteered to be interviewed in advance of election day, and voters can attend those interviews on June 11.
The interviews will be held in the Supreme Court Conference Room (State House 319) at 200 W. Washington Street in Indianapolis. Interviews are open to the public with decorum rules in place.
Meeting times are listed below. All times are listed in the Eastern time zone.
- Tuesday, June 11
- Executive Session
- Break
- Judge Clayton Graham
- Judge Alicia Gooden
- Judge James Joven
- Break
- Judge Jose Salinas
- Judge Helen Marchal
- Judge John Chavis
- Break
- Judge Amy Jones
- Judge Clark Rogers
- Lunch & Executive Session followed by public vote
