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St. Joseph County Probate Judge Jason A. Cichowicz will begin serving a 45-day suspension without pay next month following the filing of a seven-count disciplinary complaint against him earlier this year.
Cichowicz’s suspension will begin at 12:01 a.m. on Sept. 5, and will end at 12:01 a.m. on Oct. 20, when he will be automatically reinstated, according to a provisional order posted Friday by the Indiana Supreme Court.
The order notes that “(a)n opinion of the Court fully explaining this disposition will follow.” That opinion had not been posted at Indiana Lawyer deadline.
The Indiana Commission on Judicial Qualifications filed the disciplinary action against Cichowicz in February for alleged misconduct both before and after he became a judge in January 2019. The charges each deal in some respect with Cichowicz’s “dealings” with a man named Levering Russell Cartwright.
The first two counts alleged that while he was still a practicing attorney, Cichowicz, who was representing Cartwright, had a conflict of interest when he mixed his role as attorney for Cartwright with his roles as powers of attorney for Cartwright and later beneficiary of Cartwright’s various trusts and bank accounts. They also alleged that Cichowicz engaged in an improper business transaction by lending money to Cartwright and receiving an interest in his real estate.
The other five counts alleged misconduct after Cichowicz took the bench in St. Joseph County Probate Court.
Specifically, according to the JQC, the judge allegedly “improperly continued his fiduciary relationships with Cartwright by remaining his power of attorney” and “utiliz(ed) his role as the sole trustee of the Cartwright Foundation to donate funds to the St. Joseph Probate Court and Juvenile Justice Center for renovations and improvements in such a manner that the public would not be able to determine the source of funds and his familial relationship to businesses/owners who provided goods and services for the renovations and improvements.”
The Supreme Court’s provisional order assess the costs of the proceeding as to Counts 3, 4, 5 and 6 against Cichowicz.
According to the disciplinary complaint, “Count 3 of the Charges alleges that after Respondent became a judge, he improperly continued his fiduciary relationships with Cartwright by remaining his power of attorney. … Counts 4, 5, and 6 of the Charges allege that Respondent engaged in improper extrajudicial activities that undermined his independence, integrity, and impartiality as a judge, engaged in willful misconduct, and abused the prestige of judicial office to advance the private interests of another.”
Those counts alleged Cichowicz violated Rules 1.2, 1.3, 3.1(C) and 3.8 of the Code of Judicial Conduct.
The provisional order requires Cichowicz to pay a total of $3,824 to the clerk of the court, with $3,574 going to the JQC and $250 to the clerk.
At the time the charges were filed, Cichowicz’s attorney, Donald Lundberg, released a statement saying, “Judge Jason Cichowicz successfully and legally obtained private funds to improve his court at no cost to the taxpayer and at no personal benefit to himself. The Commission’s own statement of charges correctly asserts that Judge Cichowicz’s interest was in making improvements that would be beneficial to the important work of the St. Joseph Probate Court and the families and children it serves”
All justices concurred in In the Matter of: Hon. Jason A. Cichowicz, 23S-JD-33.
This article will be updated once the Supreme Court’s full opinion is posted.
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