Opinion
Lendall B. Terry, pro se.
Mark W. Gray, Indianapolis, for appellee.
PER CURIAM.
On February 20, 1975, the respondent in this cause was suspended without pay as Judge of the Ripley Circuit Court (In Re Terry (1975), Ind., 323 N.E.2d 192); the respondent prays for reinstatement to the bench. The Honorable George B. Hoffman, Jr., was appointed by this Court to hear the petition for reinstatement, conducted a public hearing on such petition, and has filed his findings of fact concerning the requested termination of suspension without pay. On October 28, 1976, this Court issued an order permitting the respondent or special counsel to file a petition for review; no such petition was filed within the time period specified.
This Court, after considering all matters which have been filed in this cause and after reviewing the transcription of the proceeding held before the appointed Hearing Officer, now adopts the following findings of fact which were submitted by the Hearing Officer:
'On April 14, 1976, Lendall B. Terry filed a 'Petition to Terminate Suspension Without Pay."
On July 8, 1976, the Supreme Court of Indiana appointed George B. Hoffman, Jr., as a Hearing Officer who was directed to file 'findings of fact directed toward whether there has been a change in circumstances during the period of suspension which would now indicate that the petitioner possesses a proper judicial temperament and is fit to resume a judicial office, the burden of establishing the change of circumstances and present fitness and temperament to resume the bench resting with the petitioner.'
That said hearing commenced on September 14, 1976, and was concluded on September 16, 1976.
That Lendall B. Terry represented himself at said proceedings.
That the Disciplinary Commission's only evidence was Exhibits '1' through '8'.
That petitioner did not testify and was not placed under oath.
That Lendall B. Terry presented evidence in support of his petition which established that he was a duly elected Judge of the Ripley Circuit Court and that he was suspended without pay for violations of the Code of Judicial Conduct and Ethics as specified in his rhetorical paragraphs one and two of the petition to terminate suspension without pay and filed on April 14, 1976.
That there was no evidence presented to establish the other rhetorical paragraphs and allegations made in the petition to terminate suspension without pay and the supplemental petition.
That petitioner failed to show by any evidence that he possesses a proper judicial temperament and is fit to resume a judicial office.
That opinion testimony from petitioner's own witnesses disclosed that petitioner was not fit to resume a judicial office.
That the Hearing Officer asked Lendall B. Terry the following question during argument on objection:
'Do you accept the opinion of the Supreme Court?' (Referring to In Re Terry (1975), 323 N.E.2d 192).
'JUDGE TERRY: No, I do not.'
That Lendall B. Terry does not accept the opinion of the Supreme Court and does not admit any misconduct at any time.
That the petitioner contacted attorney James T. Hooper, Sr., and offered him $1,000 to keep an indictment from being returned against a certain police officer.
That after said James T. Hooper, Sr., testified before the Grand Jury, petitioner filed three law suits in three separate counties requesting thirteen million dollars damages against James T. Hooper, Sr.
That said petitioner distributed over two thousand letters addressed to the Chief Justice of Indiana, said letter being D.C. Exhibit '7', making false and misleading accusations against various judges and attorneys.
That the petitioner's conduct and activities within Ripley County by his mailing and dissemination of accusations against attorneys and judges has disrupted the operations of the Ripley Circuit Court and has made it difficult to obtain an impartial jury and confusion has been caused as to the location of the court by the voluminous mailing with the return address:
'Lendall B. Terry
Judge
Ripley Circuit Court
Osgood, Indiana 47037.'
That petitioner still bears malice and animosity toward certain lawyers in Ripley County, toward Justice Hunter because he was the author of the opinion of the Supreme Court in In Re Terry (1975), 323 N.E.2d 192, and toward those who do not agree with the petitioner.
That petitioner corresponded with Judge Wesley W. Ratliff, Jr., President of the Indiana Judges' Association, attempting to bring unsupported charges against Justice Hunter. That when said correspondence was acknowledged, said petitioner circulated a letter falsely stating that the Indiana Judges' Association was going to investigate and join in his unsupported charges against Justice Hunter for impeachment.
That no evidence of any kind whatsoever of wrongdoing on the part of Justice Hunter was presented except the unsupported statements of the petitioner.
That petitioner Lendall B. Terry has failed to show that if he were again placed on the Bench of the Ripley Circuit Court that he would conform his conduct to the requirements of the 'Code of Judicial Conduct and Ethics.'
By reason of the above stated findings of fact which this Court has adopted and accepted as its own, we conclude that there has not been a change of circumstances during the period of suspension which would now indicate that respondent possesses a proper judicial temperament nor has the respondent established that he is presently fit to resume a judicial office.
It is therefore ordered that the suspension without pay of Lendall B. Terry as Judge of the Ripley Circuit Court be continued in full force and effect until further order of this Court.
Costs of these proceedings are to be assessed against the respondent.