St. Joseph County court officer steps down after violating judicial code of conduct

A probate court referee in St. Joseph County has stepped down from her role and been admonished by a state commission for failing to be impartial in her oversight of a child custody dispute.

In May 2021, Barbara Johnston unfairly suspended a father's visitation rights with his daughter based on interview notes she received from a child advocate but failed to share with the father's attorney, the Indiana Commission on Judicial Qualifications said in a statement Friday. Relying on information that gave one side an advantage while denying the father his right to view the evidence violated judicial codes of impartiality and integrity, the commission said.

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As a probate referee, Johnston was appointed by the St. Joseph court to oversee disputes over child custody, parenting time and child support. She received a prior public admonition in her role in 2012, when the commission found that she wrongly granted a motion to intervene for custody to a child's maternal grandparents without giving prior notice to the father. The child's mother, who was the primary caretaker, had died.

Johnston voluntarily resigned May 31 of this year after cooperating with the commission's investigation and acknowledging that she breached the code of judicial conduct. She accepted a public admonition rather than face formal misconduct charges.

Johnston's lawyer declined to comment.

The commission wrote that it recognizes the dilemmas judicial officers may face while overseeing child custody disputes.

Johnston, who was worried for the daughter's safety under her father's care based on the child advocate's notes, could have conducted a private interview with the child to decide on a suspension of parenting time. But she reportedly didn't want to make the child "feel frustrated and emotionally traumatized by having to give another statement against her parent," the commission said.

"The Commission recognizes that judicial officers confronted with difficult situations may wish to modify certain court procedures to alleviate stress on children involved in the system," the admonition states. "However, litigants must be afforded fair and impartial proceedings and judges must conduct proceedings in a manner that complies with the Code of Judicial Conduct."

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

This article originally appeared on South Bend Tribune: St. Joseph County probate referee violates judicial code, retires