Judge Cichowicz suspended for improper use of old client's money, no-bid contracts to dad

SOUTH BEND — The Indiana Supreme Court has suspended a St. Joseph County Probate Court judge for 45 days without pay after finding that he improperly funneled money from a client’s trust fund to pay for court projects, reflecting “extremely serious judicial misconduct.”

Judge Jason Cichowicz was elected to serve a six-year term as the county’s probate judge in 2018, presiding over a court that deals mainly with family law and juvenile proceedings. The court, located south of downtown on Michigan Street, houses the Juvenile Justice Center.

The supreme court found that Cichowicz violated judicial ethics in his relationship with an older, well-to-do man named Levering Russell Cartwright, whom Cichowicz met in 2013 while representing him as an attorney in Cartwright's divorce proceedings. While he was a judge, Cichowicz used money that Cartwright had granted him control over to renovate court facilities and to buy new vehicles — enriching companies owned by Cichowicz's father in the process.

Cichowicz was not immediately available to comment on the case Friday afternoon, according to a spokeswoman for his office.

Cichowicz, while representing Cartwright in 2015, assumed power of attorney on his client’s behalf. Cichowicz paid bills and wrote checks at his client’s request, and he had the authority to buy, sell and transfer property from Cartwight’s trust fund, which contained more than $6 million.

This arrangement continued through Cichowicz’s first four years as a judge. The disciplinary commission noted that Cichowicz should have ceased representing Cartwright upon being elected judge. But he did not do so even after being notified in February of the charges against him, and in fact resigned only July 31, 2023, shortly after reaching the agreement on his discipline.

The court found that Cichowicz’s actions violated four provisions in the Code of Judicial Conduct. Those include:

• Rule 1.2, requiring judges to avoid impropriety and act at all times in a manner promoting public confidence in the judiciary’s integrity;• Rule 1.3, prohibiting a judge from abusing the prestige of judicial office to advance the private interests of another;• Rule 3.1(C), prohibiting a judge from engaging in extrajudicial activities that would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality; and• Rule 3.8, prohibiting a judge from serving in a fiduciary position unless it is for the estate, trust, or person of a member of the judge’s family

The decision states that Cichowicz “engaged in judicial misconduct by continuing to serve in a fiduciary position for a non-family member after taking office, abusing the prestige of his office to benefit a family member, and failing to disclose his role as trustee of a charitable foundation from which he drew funds to further court improvement projects.”

Cichowicz is suspended from Sept. 5 to Oct. 20, and he’ll be made to pay a fine of $3,824.

“Suspensions longer than 30 days ‘reflect extremely serious judicial misconduct, just shy of what might warrant removal from office,’” the court wrote in its findings.

Relationship forms between Cichowicz, wealthy client that violates ethical rules

When Cichowicz began representing him, Cartwright was 73 years old, estranged from his two adult children and staying in an assisted-living facility. Cartwright is now 83 and lives in Mishawaka.

By 2015, Cichowicz became the sole trustee of the Cartwright Foundation, a charitable organization formed by Cartwright’s father that contains millions of dollars, according to court filings.

Four years later, after he was elected probate court judge, Cichowicz donated $100,000 from the foundation to the Friends of the St. Joseph County Juvenile Justice Center, a group that fundraises to support the JJC. The next year, he sent the organization $60,000.

About $25,000 of that money was paid to a company called R&K Ceramic Tile, LLC, which is owned by Cichowicz’s father. The company was paid to refurbish break rooms.

The $60,000 transfer in 2020 went toward three vehicles for use by the Court Appointed Special Advocate program, wherein judges appoint volunteers to advocate for children's best interests. The Friends of the JJC group spent $51,000 to buy vehicles from Victory Auto, LLC — also owned by Cichowicz’s father.

Cichowicz did not send the money directly to the charitable group, apparently to avoid the appearance of impropriety. Instead, the supreme court found, he sent it to Anderson Agostino and Keller, the law firm of attorney Mike Misch, who was a board member of the group that supports the JJC. Misch handled the final transfer.

In the case of each project, other members of the Friends of the JJC board and the St. Joseph County commissioners were kept in the dark about the source of money, according to the supreme court. Misch serves as the attorney for the board of commissioners.

St. Joseph County judge at first denied his conduct was unethical

According to the opinion filed by the disciplinary commission, Cichowicz agreed that his behavior violated the four provisions of the Code of Judicial Conduct, agreed to the 45-day suspension and submitted a personal statement in which he "stresses he is hopeful his fellow judges will learn from his experience."

In an earlier court filing, Cichowicz denied the initial charges of improper behavior, which were brought earlier this year by the Indiana Commission on Judicial Qualifications.

In February, attorneys for Cichowicz and Cartwright told The Tribune that the charges are a case of "no good deed going unpunished.” Cichowicz has always acted in Cartwright's best interests and with his approval, they say.

The attorneys say the financial maneuverings were all legal, but were made anonymous to avoid bringing public attention to the funding available to Cichowicz.

The supreme court said a severe sanction was needed in this case, however, to deter similar misconduct by judges.

Email city reporter Jordan Smith at JTsmith@gannett.com. Follow him on Twitter: @jordantsmith09

This article originally appeared on South Bend Tribune: Indiana Supreme Court suspends St. Joseph County judge for misconduct