Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
Hancock Superior Judge Donald Jack “D.J.” Davis has been admonished by the Indiana Judicial Qualifications Commission for “injudicious” comments made during an incident at his son’s home in June 2022, when he said his use of legally prescribed narcotics “affected (his) judgment.”
The admonition was issued in lieu of the filing of formal disciplinary proceedings, according to the Monday admonition order. In the order, Davis acknowledges that he violated Rule 1.2 of the Code of Judicial Conduct, which requires judges “to act at all times in a manner that promotes the public’s confidence in the integrity of the judiciary and to avoid the appearance of impropriety.”
According to the admonition, the incident occurred on June 21, 2022. Greenfield police had been dispatched that day to the marital residence of the judge’s son to supervise the removal of the son’s personal property from the home.
Davis arrived at the residence after his wife called and asked him to come, the order says. The judge interacted with law enforcement at the scene but did not interfere with their duties.
“Judge Davis did, however, respond to comments made by a third party at the scene concerning his son’s marriage with injudicious remarks, using expletives,” according to the order. “Specifically, Judge Davis said, ‘Why don’t you be a —–, you don’t know what the f— is going on here’ and ‘You don’t know what’s going on, shut up, you don’t have a clue.’
“At the time Judge Davis made these statements, he was on the front lawn of the residence in an area where others could and did overhear his remarks,” the order continues. “Additionally, Judge Davis’ comments were captured on the GPD officers’ body cameras.”
The order then notes, “Just prior to the incident, Judge Davis had taken several legally prescribed narcotics to manage pain resulting from his second back surgery in three weeks.”
“Judge Davis expresses remorse for his behavior and offers, by way of mitigation, that his usual judgment was affected by the prescribed medication,” the order says.
In a statement released through his attorney, James Bell of Hoover Hull Turner, Davis said, “I wish to say I am sorry to the people of Hancock County for my comments referenced in the Public Admonition from the Indiana Commission on Judicial Qualifications. This incident occurred over a year ago, during the time when I was on medical leave from the bench. I had just completed my second back surgery in three weeks and had taken several legally prescribed narcotics to manage my pain.
“While I acted appropriately with law enforcement and only arrived at my son’s marital residence after my son had been arrested and had left the scene, my medications affected my judgment when I interacted with a third party,” he continued in the statement. “While it does not excuse my behavior, I have not taken those medications since August of last year.
“I want to assure everyone in my community that something like this will never happen again. I take full responsibility for my comments, and I would like to thank the Commission on Judicial Qualifications for not filing a formal charge against me in this matter. I plan to make no further comments about this incident.”
The JQC’s admonishment says Davis “cooperated fully” with the commission.
It also says, “The commission members believe it is important to stress that Judge Davis is admonished because of the injudicious nature of his comments in public to a third-party. The Commission would further note that judges need to be cautious about appearing at emotionally charged scenes, especially if there are any challenges to their maintaining appropriate demeanor.”
Davis has been judge of Hancock Superior Court 1 since January 2021, presiding over a docket that includes serious felony cases, divorces, juvenile delinquencies, child in need of services cases, automobile accidents and other negligence actions, estates, foreclosures and evictions.
According to LinkedIn, Davis was most recently the owner of Smith Davis LLC prior to taking the bench. He was also a Greenfield city councilor from January 2004-December 2011.
He is a 1997 graduate of what is now called the Indiana University Robert H. McKinney School of Law and was admitted to the Indiana bar in November 1997.
He has no disciplinary history dating back to July 1, 2011, the earliest date for which disciplinary history is reported on the Indiana Roll of Attorneys.
Editor’s note: This article has been corrected to reflect that Davis’ wife, not his son’s wife, called him to his son’s marital residence.
Please enable JavaScript to view this content.