Magistrate Kimberly Schmaltz of Rising Sun, IN; ethical gremlin

The state of Indiana presented Jonathan Kimberly Ann Schmaltz with a law license in 2002 after she graduated from Salmon P. Chase College of Law.

In one matter, Judge Schmaltz is the subject of a federal lawsuit filed by Carolyn Prakel and her deaf son, Steven Prakel.

Apparently, Kim found it acceptable to refuse to appoint a court-funded sign language interpreter so that Mrs. Prakel son could understand what was taking place during the prosecution of his mother on a DUI (Driving under the Influence) charge.

The federal civil lawsuit against Kim alleges a violation of Title II of the Americans with Disabilities Act. The Prakels’ attorney, Matthew Lorch, stated that Steve Prakel was denied a sign language interpreter at two court hearings despite multiple requests.

In April 2015, U.S. District Court Judge Sarah Evans Barker denied Kim’s motion to dismiss the lawsuit, which will now proceed to a jury trial. In her ruling, Judge Barker said in part:

“Judge Schmaltz denied Mr. Prakel effective communication and the opportunity to enjoy the benefits of the state courts’ services, programs, and activities.”

If a jury finds for the Prakels, they could be awarded compensatory damages.

As we speak (ca. August 2015), Kim continues to sit as a Dearborn County Circuit Court Magistrate in Rising Sun, Indiana.