Dunkirk judge charged with felony

Indiana Supreme Court has suspended Dunkirk City Court Judge Tommy D. "Chip" Phillips without pay after he was charged with battery against Dunkirk Police Chief Dane Mumbower.
The suspension, announced Friday afternoon, is effective immediately.
Adams County prosecutor Jeremy W. Brown has been appointed special prosecutor in connection with the charge, battery against a public safety official, a Level 6 felony.
Court documents indicate an initial hearing has been set for 4:30 p.m. Oct. 10. A pretrial conference is scheduled for 3 p.m. Dec. 13.
Phillips, who teaches at West Jay Middle School, is not an attorney. He was appointed to the bench on Oct. 3, 2000.
Jay Schools interim superintendent Brad DeRome said Friday that Phillips has been placed on administrative leave with pay, pending an investigation.
Phillips is accused of shoving Mumbower during a heated meeting in the interview room at Dunkirk Police Department on Aug. 16.
Dunkirk Mayor Gene Ritter had brought Phillips and Mumbower together in an attempt to resolve "several issues of conflict" between the judge and the police department, according to a probable cause affidavit prepared by Jay County Sheriff’s Office.
The meeting was allegedly contentious from the start and grew more heated.
Mumbower told Jay County police that when he attempted to leave the room Phillips got up from his seat and charged at him, shoving him with both hands on the chest and knocking him into the wall.
At that point, Mumbower told police, he informed Ritter that Phillips had just committed battery. He also said the incident was documented by audio and video equipment in the room.
Phillips is Mumbower’s uncle.
Indiana’s Commission on Judicial Qualifications filed a "Notice of Criminal Charges and Request for Suspension" with the state Supreme Court Thursday. After that request was reviewed by the court, the suspension was ordered, which court rules require.
The suspension will remain in effect pending any disciplinary proceedings that may arise from the criminal charges.
According to Admission and Discipline Rule 25(V)(A) of the Indiana Rules of Court, “A judicial officer shall be suspended with pay by the Supreme Court … upon the filing of an indictment or information charging the judicial officer in any court in the United States with a crime punishable as a felony under the laws of Indiana or the United States.”
An interim judge will be arranged for Dunkirk City Court by Indiana Supreme Court. The Commission on Judicial Qualifications is chaired by Indiana Chief Justice Loretta Rush. Its responsibility is investigating alleged ethical misconduct by judges, but the Indiana Supreme Court has final authority over judicial discipline.