By KATE BRASER
Courier & Press staff writer 464-7622 or braserk@courierpress.com
Wednesday, August 8, 2007
A child support case in which an ex-wife claimed unfairness in the judicial system will be assigned to a special judge.
Suzanne Hebert Hamilton's attorney, Mary Lee Schiff, wrote a six-page letter to prosecutors in June complaining about the case. Hebert Hamilton's ex-husband, Richard Hamilton, is the son of Vanderburgh Superior Court Magistrate Allen Hamilton. A copy of the letter was also provided to the Courier & Press.
The couple separated in 2005 and finalized their divorce in February 2006. Hebert Hamilton lives in Florida with the couple's two children. In May 2006, she asked Vanderburgh Superior Court Judge Robert Pigman to enforce a Florida contempt order, alleging Richard Hamilton owes $25,000 in back child support.
Court records show that in June, just days after a story ran in the Courier & Press in which Hebert Hamilton expressed her frustration about the case, Pigman recused himself. The next day, Vanderburgh Superior Court Judge Wayne Trockman recused all Vanderburgh Superior Court judges from the case.
A hearing scheduled for this week to determine whether Hamilton was making progress on his child support payments was canceled until the case can be assigned to a new judge.
Pigman, who helps supervise magistrates, wrote in his June 28 ruling that when the case was first brought to him, he explained in detail the potential conflict, and asked them to sign a waiver. In it, they acknowledged Hamilton's relationship to a court employee.
"Raising an issue, such as (Hebert Hamilton) and her attorney, Mary Lee Schiff, did in this case, after that issue had been specifically addressed and resolved to all parties' agreement, including a specific, on-record waivers and discussions of the options available to both parties, has created an atmosphere in which the fairness of the outcome in this case can reasonably be questioned, by both parties," Pigman wrote. "Recusal in the face of criticism is a particularly uninviting option for this court; however, given the nature and the circumstances surrounding this particular case, the court feels it is in the best interest of both parties that a fresh set of eyes examine the evidence."
Schiff responded to the ruling the next day, explaining the letter was sent to the prosecutor's office because Schiff was asking it to pursue a criminal case against Hamilton for his child support arrears.
The letter was delivered to the Courier & Press by Hebert Hamilton's father, Terry Hebert, a former employee of the newspaper. Hebert Hamilton is also a former newspaper employee.
In the letter, Schiff implied her client felt Richard Hamilton was being given special treatment because of his father's ties to the court.
On Tuesday, Hamilton's attorney, Scott Danks, extolled Pigman's virtues as a judge and dubbed Schiff's allegations "bizarre."
"Judge Pigman has such a wonderful reputation for being fair, unbiased and firm, to attack his integrity — I've never had that happen in a divorce case," Danks said. "They are the ones who requested him to hear the case. To me the allegations were just bizarre."
Noting Pigman was tough on Hamilton, Danks said he does not think another judge will handle the case differently.
Danks said Schiff's accusations were unfair.
"It is highly unethical for a lawyer to make false allegations against a judge," Danks said. "If a lawyer feels they have a grievance, we have formal procedures to go through."
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