Eggers
A former Johnson County judge has been arrested on drunk driving charges after police say his blood alcohol level was allegedly over three times the legal limit.
Jeffrey C. Eggers, 66, of Franklin, was charged with two counts of operating a vehicle while intoxicated, both misdemeanors in Johnson County Superior Court 3 on Dec. 13. He was arrested during a traffic stop on Dec. 12 in Franklin.
Eggers has been a judge on and off for the last 40 years, with his first appointment being as Johnson County Superior Court 2 judge in 1983. He was later appointed Circuit Court judge in 1987, before leaving for private practice in 1994. He also briefly served as a member of the Franklin City Council in the mid-2000s.
Earlier this year, he served as a temporary judge for Superior Court 3, along with a temporary stint as a senior judge in Hancock County. He most recently served as a temporary judge for Morgan County Superior Court 1 from Oct. 11 to Dec. 4.
At no point during the traffic stop did Eggers say he used to be a judge, according to both the affidavit and police report reviewed by the Daily Journal. Eggers is not currently serving as a temporary judge, and has not sought re-certification as a senior judge for 2023, said Kathryn Dolan, chief public information officer for the Indiana Supreme Court.
While lawyers are not required to report an arrest to the Indiana Supreme Court, they are encouraged to do so. If an attorney is convicted, they are required to report the conviction within 10 days of the judgment, pursuant to a state Supreme Court rule, Dolan said Friday. Eggers could be subject to discipline then if he is convicted.
The incident
A Franklin police officer was on patrol heading east along East King Street the evening of Dec. 12 when they observed a silver SUV — allegedly driven by Eggers — switch from the left lane to the right lane without using a turn signal. The sudden lane change caused a car already in the right lane to brake to avoid an accident, according to a probable cause affidavit.
Eggers allegedly was driving “abnormally slow,” with the vehicle’s speed ranging from 15 to 25 miles per hour in a 45 mph zone. The vehicle was also allegedly weaving in and out of its lane and driving between the two designated eastbound lanes. At one point the vehicle drove up on a curb, the affidavit says.
The police report details that he showed signs of intoxication; he had trouble producing his license, needed assistance to stand, fell asleep while interacting with officers and failed field sobriety tests.
Officers administered a portable breath test, which showed Eggers’ blood alcohol level was allegedly at 0.274 — over three times the legal limit, the affidavit says.
During a search of Eggers’ vehicle, officers allegedly found a cup containing a clear beverage that smelled like alcohol, the affidavit says.
Special judge requested
Despite Eggers’ history as a judge and judicial officer, his case will be handled just like any other case, both Johnson County Prosecutor Joe Villanueva and Johnson County Prosecutor-elect Lance Hamner said.
“We want things to be open and transparent in our county,” Villanueva told the Daily Journal Friday.
Prosecutors would have normally waited for the results of a blood draw but with Eggers’ conduct reported by officers, combined with the breath test results, there was no need to, Villanueva said.
“Given the other evidence in the case, there was sufficient evidence to go forward with the charges. We would’ve done the same for anybody else,” he said.
Because of Eggers’ deep ties to the local legal community, a special judge has been requested to oversee the case.
Superior Court 3 judge Douglas Cummins formally recused himself and asked the Indiana Supreme Court to select a special judge to oversee the case on Dec. 15. Cummins did this in order to avoid the appearance of impropriety, bias or prejudice because of his “professional proximity” to Eggers, according to a court order.
Because of Eggers’ history and relationships with many judges and court officers in Johnson County, they also would have to recuse themselves for the same reason, the order says. Judicial officers throughout the 17th Judicial District — which encompasses Johnson, Hancock and Shelby counties — would also have to recuse themselves due to their relationships with him, Villanueva said.
The process to appoint a special judge will take some time, and the fairest way to handle the case is to have a judge with no connection to Eggers, Villanueva said.
In terms of a special prosecutor, Villanueva does not plan to ask for one as his office currently does not have any conflicts of interest, he said.
Once Hamner takes office early next year, a special prosecutor will likely be named for the case because of conflicts, Hamner said Monday.
‘Acceptance of responsibility’
Eggers declined to comment on his arrest and subsequent charges Monday, following the advice of his attorney, Jay Hoffman of Franklin-based Hoffman & Newcomb.
Eggers has been a valued member of both the legal community and the community at large for decades. This is a tough time for both Eggers and his family, Hoffman said Monday.
“He’s thankful for his family and friends who continue to support him,” he said.
Both Hoffman and Eggers have some work ahead in the case, Hoffman said.
“We’re going to do everything we can to accept responsibility, take the actions necessary to show that acceptance of responsibility and then move forward,” he said.
