Indiana Judge Gets Banned From The Bench For LIFE For Outrageous Conduct

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This may be one of the crazier judicial misconduct stories I have ever read about. I mean, truly bananagrams stuff, guys. And this judge had only been on the bench since 2023! Not even 3 years and already he received a LIFETIME ban!

Here is the story. FOX 59 is reporting that Matthew Elkin, a judge in Howard Superior Court (Indiana) has been asked to resign from his role and received a lifetime ban following accusations of “unfair treatment, including using a “game or jail” tactic and cursing out defendants” among other serious allegations.

Prior to the request to resign and the lifetime ban, he had been found guilty of judicial misconduct for a litany of reasons, including:

• Failing to disqualify himself from presiding over matters in which he previously represented a party
• Making injudicious comments toward problem-solving court (“PSC”) participants,
• Favoring certain litigants while degrading others,
• Inadequately supervising employees, and
• Possibly misusing court funds.

He was charged in March with nine counts of judicial misconduct. He was found guilty on all 9 counts.

His docket included cases in both drug court and re-entry court. Those are called “problem-solving courts” or PSCs and are “designed to help defendants address addiction issues and reintegration needs.”

One of the issues arose from Elkin’s previous role as a public defender IN DRUG COURT AND RE-ENTRY COURT! Once he became a judge, he did not recuses himself from hearing – and judging – cases where he had previously been involved as a public defender. This just screamed *conflict on interest* on steroids. Imagine if you are a defendant and you found out your lawyer was now the judge! CHA-CHING!

In fact, documents state that he “presided over several cases involving participants he had previously represented. Officials believe he did this at least 11 times after he was first alerted to an inquiry into his alleged misconduct.”

Elkin also used a bizarre tactic called “Game or Jail” which was a scare tactic to get information from defendants and was 100% not legal. In one instance he had a re-entry court defendant placed in handcuffs, even though they were not in custody or facing any charges. He threatened the person with jail if they lied. This was NOT legal.

He also mocked and threatened a domestic violence survivor IN OPEN COURT and on the record. He told a survivor that “women don’t leave” abusive relationships “because their brains enjoy the physical pain, comparing victims to Tom Brady.” The transcript showed that he said that the woman “doesn’t deserve a chance” to receive justice and referred to her as “property”. He said “You don’t deserve this chance. I know what’s wrong with you and I know how to fix it,” he said. “You’re not even my property yet. Do you know that you’re the Department of Correction’s property for 98 days?”

I am speechless. THIS MAN WAS A JUDGE???

He also cursed at and ridiculed participants, victims and defendants. In one hearing he held up a sign to the defendant that said “I’m watching you d**b*ss”. In another hearing he discussed in open court the medical conditions of a hearing participant. He also required STD testing of someone? Oh, and he required that a “participant’s record state he “sexually violated himself with a vape.” WHAT.

This was just ON THE BENCH misconduct. Don’t think for a second that he behaved any better when off the bench. He. Did. Not.

On 2023, during his first year on the bench, he met with a PSC member (the problem solving court program) and “disparaged and disclosed confidential information about other participants.” He also stalked members of his own team outside of the courtroom.

But, do not fear, readers. He also showed preferential treatment to other defendants. In one instance, he let a participant who was unhoused “stay in a rental home owned by his wife.” He and his wife let this person stay rent free for a few months WHILE HE WAS THE JUDGE OVERSEEING THEIR CASE.

In another instance he helped a drug court participant who he had issued a warrant for evade arrest. He “helped the suspect move his vehicle to a safe place and coordinated the safe recovery of his belongings from an apartment.” Oh, and he acted as a personal Uber driver to at least six drug court participants whom he liked.

After an investigation, he was found to have broken at least eight judicial rules! They include:

• Acting in a way that promotes public confidence in the judicial system
• No presiding over cases that you have a personal or extrajudicial connection to
• Uphold and apply the law and perform all duties fairly and impartially
• Requiring order and decorum during court proceedings

He will leave the bench at the end of September, but he can keep his law license and go back to practicing law. Just not as a judge in Indiana.