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Kokomo Tribune (Newspaper) - July 20, 1994, Kokomo, Indiana Vol 143 No 310 Kdkomojnd Police arrest Judge Brubaker Suspected of dealing cocaine and soliciting a prostitute By MIKE PALUCK Tribune staff writer Ind Howard Circuit Judge R Alan Brubaker was to appear in Boone Superior Court 1 mis morning following his arrest Tuesday night on charges of dealing in cocaine and patronizing a prostitute Boone County Prosecutor Rebecca McClure said Brubaker 50 spent Tuesday night in the Boone County Jail after he was arrested at at the Lebanon Holiday Inn Ind 39 just off Interstate McClure said the charges were filed in Boone Superior Court 1 following a probable cause hear ing Tuesday Judge Kincaid HI issued a warrant for Brubakers arrest Tuesday after receiving tes timony during the hearing she said Bond was set Tuesday at which is our standard McClure said Early this morning McClure said she planned to meet with investigators to determine if addi tional charges would be filed According to the prosecutor Brubaker 1337 N Road 1150 West was arrested by Indiana State Police as the result of an investigation by state police and two members of the Howard County Drug Task Force Brubaker was very calm very peaceful at the time of his arrest according to McClure Indianapolis attorney Richard J Kiefer of Kiefer McGoff Elvidge Overturf is representing Brubaker Kiefers office con firmed this morning The charge of Class B felony dealing in cocaine alleges that on July 5 Brubaker delivered five tenths of a gram of cocaine to a confidential informant at the Hol iday Inn in Boone County The Class A misdemeanor charge of patronizing a prostitute also relates to incidents that 2 charges filed Howard Circuit Judge R Alan Brubaker faces two charges in Boone Superior Court 1 Dealing in cocaine a Class B felony A conviction carries a sixto 20year prison term and up to a fine Brubaker is accused of giving a half gram of cocaine to a police informant July 5 at the Holiday Inn in Lebanon in exchange for sexual acts with a prostitute according to Boone County Prosecutor Rebecca McClure Soliciting a prostitute a Class A misdemeanor A con viction carries up to a year imprisonment and up to a fine Brubaker is accused of delivering the cocaine with the understand ing he would be able to pur chase sex with that cocaine McClure said allegedly occurred at the Holiday Inn July 5 allegation is that the cocaine was delivered with the understanding that it would be payment for either an act of sexu al intercourse or an act of deviate sexual conduct It was delivered to a confidential informant but it was for an act that was to be per formed by a prostitute who was The prosecutor would not elab orate as to where the cocaine came from McClure said she was only involved in the investigation for the last few weeks It was brought to me as a joint investiga tion by Indiana State Police and the Howard County Drug Task Force Please see Suspected Page A2 Under investigation by state police since summer of 92 R Alan Brubaker at Republican headquarters in 1992 when he won his sebond term as circuit judge Tribune file photo By CATHARINE FERNANDO Tribune staff writer Howard Circuit Judge R Alan Brubaker has been under investi gation by the Indiana State Police since 1992 said Democrat Party Chairman Bolinger and Cen ter Township Trustee Jean Lushin There were some people who knew there was something going on with Brubaker so we started looking into it clear back to the summer of Bolinger said But at that time they did not know about a cocaine charge for which Brubaker was arrested Tuesday night Two we didnt know about the Bolinger said But we knew that he had been having sex with the younger males who were coming through the juvenile justice system that he was a part Brubaker was asked to justify his relationships with juveniles he had sentenced when he was chal lenged in 1992 by then Democrat ic candidate Kevin Scionti Other Democrats and Scionti also expressed concern about Brubakers practice of signing out juyeniles from Howard County Shelter Care to stay at his home with his family Brubaker told the Kokomo Tri bune then he had discussed it with the Commission on Judicial Qualifications and was told he could do what was in the best interest of the children after court proceedings were completed Apparently Brubaker would check boysout of the local shelter care juvenile facility and take them out of town on sexual trysts Lushin said Not much developed from their investigations at that time because involved were afraid Many of them were in the 16 17yearold range and many of them came from troubled honies Related story Local govern ment officials who worked with the judge are shocked by his arrest Page A2 and unstable families whose fathers were in jail or Bolinger said They were the downtrodden Who would take their word against a circuit court judge Lushin said He added that as township trustee many parents relatives and the boys involved even would come and talk to him about what was going on But nobody would go on me record until one of the boys Brubaker took to Atlanta agreed to report the incident to state police Lushin and Bolinger said they went to the FBI and the state police because it was an election year Kokomo Police Chief Lynn a Republican and Democrat Mayor Robert Sargent endorsed Brubakers reelection to circuit court Lushin said Even Howard County Sheriff Deputy Maj Phil Templin a Democrat publicly endorsed him Lushin said So we had no choice but to go to the FBI who told us this came under state police Brubakers arrest Bolinger said is a day Of vindication People in the community who had viewed him as a hardnosed hanging judge will have a hard time believing Bolinger said an interesting aspect of is known thraugnbut the state for being tough on cocaine offenders and routinely dealt the maximum sentences with him he be treated like the people he sentenced This morning Sargent said he was shocked and saddened by the news What will they do Bolinger said Will Judge R Alan Brubakers Q He was born Jan 13 1944 in Kokomo He is married and has three children His address is 1337 N Road 1150 West Q A graduate of Northwestern High School and a 1966 graduate of Purdue University Q He is also a 1970 graduate of the Syracuse University law school After receiving his law degree Brubaker joined the Army where he served at various times as a prosecutor defense counsel and military judge Q He also served as attorney for the town of Burlington Q He isa member of Bible Baptist Church and a former member of the churchs Deacon Board and formerly served as a SundaySchoolI teacher Q He is subcommittee chair of the Indiana Juvenile Justice Task Force He was also chairman of the juvenile justice improvement committee of the Indiana Judicial Conference Dec 2 i960 article said he became assistant county attorney serving under Daniel J Gamble Gamble who previously served In that position was to take over again Jan Brubaker has served as Circuit Court judge since he was appointed May by Gov Robert Orr to fulfilM year of Judge Robert J Kinseys term Kinsey died before completing his term He was elected to the post in November 1986 for his first full sixyear term June article said he was included in a panel of authorities who will address the topic of V Incest The Adult and Juvenile Offender and their Victims during the Indiana Juvenile Judges Symposium at Nashville Ind The symposium discussed services to abused neglected or delinquent youth Aug article stated he agrees his officeViolated a judicial conduct code when his staff wore campaign buttons at work He was running against Democrat Kevin Scionti at the time The judge said he didnt ask staff members to wear the buttons and they disappeared when the violation was pointed out to The Kinsey Youth Center opened resulting in juveniles being housed in a separate facility from jail inmates According to March 25 1985 resume he was a member of Baptist Church YMCA former member of the Carroll County Task Force for the Prevention of Abuse to Children Oct 28 1986 editorial noted he started the innovativecourtappointed which volunteers advise the court In cases of child abuse neglect delinquency and custody Brubakergains nationwide notoriety when he rules AIDS victim Ryan White cannot attend Western School Corp because of an antiquated state law Sept 22j 1 991 i article said Brubaker was one of 15 judges who received a ceififieate from Indiana Supreme Court Chief Justice Randall for completion of Indiana Judicial College In 31992biographical form Brubaker wrote 71 have seen strides made in our community arid the development of case law In the areas of drugs and conspiracy law The Kinsey Youth Center is well on jts way and its wljl be a significant step foryvard to help tfte phljflren of this Supreme Court could suspend jailed judge Judicial board states top court weighing case By TRISHA TURNER DAVE PHILLIPS Tribune staff writers With Howard Circuit Court Judge R Alan Brubaker jailed this morning state judicial officials began weighing their options including Brubakers possible sus pension from the bench Bruce Kotzan Indianas state court administrator said the sevenmember Indiana Commis sion oh Judicial Qualifications would review the facts of Brubakers Tuesday arrest and could make a decision on whether the Indiana Supreme Court should suspend him Although the Supreme Court will make the final decision in the matter Kotzan said the courts own rule calls for any judge charged with a felony to be sus pended with pay until the judges court case is decided In Brubaker was arrested Tuesday and charged with Class B felony dealing in cocaine and Class A misdemeanor patronizing a prostitute He was to appear in Bpone Superior Court 1 ithis morning on the charges His attorney said Brubaker was expected post bail and be released If the Supreme Court finds that Brubaker shoujd be suspended an order for a temporary judge to replace him will be issued Meg Babcock counsel for the Commission on Judicial Qualifica tions said the Supreme Court could make a decision on whether to suspend Brubaker on its own or on advice of the judicial commis sion Brubaker spent part of Tuesday afternoon in his offices Howard County Circuit Court was closed today W with the doors locked and lights out fol lowing his arrest Tuesday Investigators searched the courts offices an evidence room and Brubakers court office and chambers late Tuesday The courts four employees were off today In theory Howard Circuit Court isnt functioning today and will pick UP the pieces Kotzan said In an emergency cases or hear ings scheduled for Howard Cir cuit Court during Brubakers absence could be handled by other local judges or in some cases by any circuit court judge in the state Kotzan said Kotzan and Babcock said this morning they could not estimate when a decision on Brubakers possible suspension could be made Its rather premature at this Kotzan said The court administrator said that in Indiana on average one judge is arrested about once every three or four years The severity of Brubakers charges is about that of those other judges have faced But any charge against a judge is extremely he saia Inside Style Try these peachy recipes Page Bl Also inside Business Classified Local News of ;