ST. JOSEPH COUNTY, IN – The Honorable Jason A. Cichowicz, Judge of the St. Joseph Probate Court, was suspended without pay for forty-five days by the Indiana Supreme Court, effective September 2023. This disciplinary action was the result of a conditional agreement reached after the Judge admitted to judicial misconduct stemming from conflicts of interest related to a complex, long-standing relationship with a former client.
The Indiana Commission on Judicial Qualifications (CJC) brought charges arguing that Judge Cichowicz’s actions violated multiple rules of the Code of Judicial Conduct, most notably the duty to avoid impropriety and the prohibition against abusing the prestige of judicial office.
The Heart of the Conflict: Unsevered Ties
The disciplinary case focused on Judge Cichowicz’s dealings with Levering Russell Cartwright, a former client, both before and after Cichowicz took the bench in 2019. The issue was his failure to completely sever financial and administrative ties that could influence or appear to influence his judicial role.
The Supreme Court found misconduct in three key areas:
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Improper Continuation of Fiduciary Role: After being sworn in as a judge, Cichowicz improperly continued to serve as the power of attorney for Mr. Cartwright, a non-family member. This continuation of a private fiduciary role created an ongoing, clear conflict of interest. He did not resign this position until July 2023, just before the conditional agreement was finalized.
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Improper Use of Charitable Funds: As the sole trustee of the Cartwright Foundation, a charity connected to the former client, Judge Cichowicz directed the foundation to make anonymous donations for renovations and improvements at the St. Joseph Probate Court and the Juvenile Justice Center.
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Abuse of Prestige for Personal Benefit: The most damaging finding was that he directed the foundation’s funds to be used for these court improvements without proper public disclosure or a formal bidding process. A business owned by a familial relationship ultimately provided some of the goods and services, leading the Supreme Court to conclude he improperly abused the prestige of his judicial office to benefit a family member.
The Sanction: 45 Days Without Pay
Judge Cichowicz signed a conditional agreement for discipline, admitting that his conduct violated several Judicial Conduct Rules, including Rule 1.2 (avoiding impropriety) and Rule 1.3 (prohibiting abuse of the prestige of office).
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Suspension: The Indiana Supreme Court accepted the agreement, imposing a severe 45-day suspension without pay. The suspension commenced in early September 2023 and concluded in October 2023.
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Costs: He was also ordered to pay $3,824.00 in costs associated with the investigation.
The Court acknowledged the Judge’s stated intent to use private funds to benefit the court at no taxpayer expense. However, the ruling emphasized that his failure to fully disclose his roles, coupled with the familial business connection, created an unacceptable appearance of impropriety that undermined public confidence and transparency.
Conclusion: Intent Does Not Excuse Conflict
The disciplinary action against Judge Jason A. Cichowicz provides a stark reminder that in judicial ethics, intent does not negate a conflict of interest. While the Judge argued his goal was to use charitable funds to improve services for children and families, his failure to fully sever his private fiduciary ties and his lack of transparency in the funding process created an ethical breach. The 45-day suspension underscores the judiciary’s strict commitment to maintaining ethical boundaries and ensuring that the public’s trust remains absolute.
