Ousted Clark Judge Jacobi won't serve again

Former Clark County Circuit Judge Jerry Jacobi has agreed never to serve in a judicial capacity again in exchange for the Indiana Commission on Judicial Qualifications dropping its investigation into his alleged misconduct surrounding his supervision of the county's drug court treatment program.

The seven-member commission, chaired by Indiana Supreme Court Chief Justice Loretta Rush, made no decision on whether any of the alleged violations occurred. Its investigation is considered closed unless Jacobi violates the agreement provisions, according to a statement the commission issued with a copy of the agreement Friday.

Jacobi was defeated in the May Democratic primary last year by attorney Laura Harbison, who then lost to Republican Brad Jacobs in November. Jacobi had served as a judge or senior judge in the county since 1995 and twice was elected county prosecutor. His final four-year term ended December 31.

Jacobi couldn't immediately be reached Friday for comment about the agreement he signed March 4.

While Jacobi was still in office last year, the commission began an investigation into allegations that Jacobi failed to supervise and train staff, resulting in drug court participants spending additional time in jail; failed in certain instances to advise participants they had the right to an attorney; failed to train employees about their limitations on detaining participants; and failed to immediately schedule certain hearings.

Also last year, about 40 drug court participants joined a federal civil-rights suit against Jacobi and other county officials and employees. The case continues being litigated in U.S. District Court in New Albany, where a fact-finding hearing is slated for June 9.

In responding to the myriad allegations in the complaint, defense attorneys have mostly denied or claimed to be "without knowledge or information sufficient to form a belief as to the truth of the allegations."

The Indiana Judicial Center, part of the state Supreme Court, suspended Clark County's drug court in February 2014 after allegations of unlawful conduct by drug court staff and practices harmful to participants.

The state later agreed to conditionally reinstate the drug court, lifting the ban March 7 to allow existing participants a chance to complete treatment and have their charges dismissed.

It was the first time the state has suspended a drug court or any other problem-solving court.

No criminal charges were brought against drug court staff following a lengthy investigation of participants' allegations by Indiana State Police and Special Prosecutor Chad Lewis, of Jefferson County, Ind.

Lewis, who filed the final investigative report earlier this month, said it's clear that drug court workers under Jacobi didn't have arrest powers.

But the criminal investigation, Lewis said, ultimately showed there wasn't enough evidence to prove beyond a reasonable doubt to a jury that participants were criminally confined by then-drug court director Susan Knoebel and Jeremy Snelling, who worked in the courts.

State law requires proving confinement by illustrating the use of force, threat of force, fraud or enticement, though the state Supreme Court ruled the latter two unconstitutional in 2007, Lewis said.

Some of the seven potential victims identified in the investigation said they believed drug court staff had arrest powers, while some felt they had to go with them to get more lenient sentencing. Arrest warrants were issued in each case, and jail book-in logs show participants being arrested by jail officials, Lewis added.

Jacobi, who is being represented by the Indiana Attorney General's Office in the federal case, fired Knoebel after initially suspending her and Snelling.

Reporter Charlie White can be reached at (812) 949-4026 or on Twitter @c_write.