Eggers
A special prosecutor has been requested for the drunk driving case involving a former Johnson County judge, a move that comes nearly a month after a special judge was appointed.
Johnson County Prosecutor Lance Hamner formally requested the appointment of a special judge in the criminal case filed against former county judge Jeffrey C. Eggers, 66, of Franklin, on Wednesday. Eggers was charged with two counts of operating a vehicle while intoxicated, both misdemeanors in Johnson County Superior Court 3 on Dec. 13.
In Hamner’s petition, he cited the need to avoid the appearance of bias or prejudice in the case, along with his own professional experience with Eggers, according to court documents. Despite Eggers’ history as a judge and judicial officer, Hamner said last month the case would be handled just like any other case in the prosecutor’s office.
Hamner’s rationale for the special prosecutor request is similar to the rationale used by Superior Court 3 judge Douglas Cummins when he asked the Indiana Supreme Court to select a special judge to oversee the case on Dec. 15. Cummins formally recused himself because Eggers has deep ties to the local legal community, and to avoid the appearance of bias, court documents say.
Cummins’ request was granted on Dec. 20, and Indiana Chief Justice Loretta H. Rush subsequently appointed Bartholomew County Superior Court 1 Judge James D. Worton as a special judge for the case, according to court documents.
Eggers was arrested after a traffic stop on Dec. 12. A Franklin police officer was on patrol heading east along East King Street 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.
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.
Jay Hoffman, Eggers’ attorney, said last month 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.
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.
An initial hearing is set for Jan. 30.
