BENTON COUNTY—The Indiana Commission on Judicial Qualifications has issued a Public Admonition of former Benton Circuit Court Judge Rex Kepner. Kepner cooperated with the investigation, acknowledged he violated the Code of Judicial Conduct, and apologized for engaging in conduct unbecoming of a judicial officer.
The commission admonished Kepner for inappropriate conduct during an October 2020 hearing involving Kepner’s actions to encourage a settlement. The hearing—about a default judgment—ended with the judge (through his court reporter) providing money to the defendant to settle the balance. Kepner acknowledges the actions—while intentioned to help a community member—violated the Judicial Code of Conduct, including Rule 1.2, which requires judges to act in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary and to avoid impropriety. Further details about the matter can be found in the admonition.
The commission notes that while judges can feel sympathy towards litigants, they must be mindful of their duty to remain impartial and not allow such compassion to lead them to take actions that cause the public to question their impartiality.
The seven-member commission that investigates alleged ethical misconduct by judges determined that formal disciplinary charges are warranted. However, Supreme Court rules allow the judicial officer and the commission to agree to a public admonition instead of filing charges. Kepner will not be formally charged with ethical misconduct. He accepts the public admonition. Kepner is represented by attorney James Bell, who can be reached at jbell@hooverhullturner.com. More information about the commission can be found at courts.in.gov/ojar/about/members/.
