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May 2, 2008

Judge’s actions under review

State commission conducting inquiry into Stephen Jessup

A judicial inquiry into Howard Superior Court 2 Judge Stephen Jessup’s actions after accusing Deputy Prosecutor David Steele of being “strung out on drugs” is under way, several attorneys told the Kokomo Tribune this week.

The attorneys, who wish to remain anonymous, said they have received phone calls from the Indiana Judicial Qualifications Commission concerning Jessup’s statements.

The accusation by Jessup came after Steele failed to show for an April 18 hearing concerning a client’s guilty plea.

Steele had fellow prosecutor Michael Krebes sit in for him at the hearing, which is common practice among attorneys.

But Jessup was upset because he previously warned Steele in November 2007 not to miss another hearing.

When Steele failed to show for the April 18 hearing, Jessup halted the proceedings and called Steele’s secretary, whom he told to find Steele. Jessup then went downstairs to the office of Howard County Prosecutor James Fleming. There, Jessup allegedly accused Steele of “shooting up.”

Jessup then cited Steele for contempt of court later in the day.

Steele questioned Jessup’s accusations made April 18 during a contempt of court hearing.

“Did you go to the prosecutor’s office and say I was shooting up?” Steele asked, according to court transcripts of the hearing obtained by the Tribune.

Jessup replied, “I’ve heard from several sources you’re strung out on drugs.”

Meg Babcock, of the Indiana Judicial Qualifications Commission, said rules prohibit her from saying if anyone is being investigated by the commission.

But, she said, if an investigation is launched, it could take months before it’s completed, depending on the complexity of the case.

In the meantime, Superior Court 4 Judge George Hopkins said he’s been told that Jessup has recused himself from hearing any cases filed by Steele, which could affect the case loads in other courts.

“They will have to spread out those cases; the other courts will be affected,” he said.

“As long as he’s recusing himself from cases filed by Steele, the case will have to be distributed among the other courts. Short term we can handle, but long term, it would be difficult.”

When contacted, Jessup said, “We are following Babcock’s recommendations.”

Jessup declined to comment further on the matter.

Steele also declined an interview about the issue.

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