Monday, March 14, 2011

Ex-judge to police city's drug houses, lax landlords | The Journal Gazette | Fort Wayne, IN

Former Allen Superior Court Judge Ken Scheibenberger will begin a new gig today.

Scheibenberger announced on Facebook late last week that he is Fort Wayne’s new drug house ordinance coordinator, a job that has gone unfilled for about a year and a half because of a lawsuit challenging city law.

Scheibenberger will work with city police and local landlords to ensure rental properties are not being used to sell drugs or for other illegal activities such as gambling or prostitution.

Under city law, landlords can be fined or punished if they allow such activity on property they own.

When contacted Sunday, Scheibenberger referred questions to a city official who confirmed the appointment.

Scheibenberger posted this message on his Facebook page Friday morning:

“Starting on Monday I will be the new Drug House Ordinance Coordinator for Fort Wayne. I am pleased that my experience made me the best candidate for this position and I also look forward to continuing to help keep Fort Wayne safe. Scheibig; I don’t want any wise cracks about working for the FWPD!!”

Scheibenberger sat on the bench for 20 years before losing November’s election to new Allen Superior Court Judge Wendy Davis.

His time as judge was accentuated by highs and lows.

He helped found the county’s drug court as well as set up a program for high-risk probationers.

But the Indiana Supreme Court admonished him for changing a court date in another judge’s file and suspended him in another instance for remarks made in another judge’s courtroom.

The job he’s taking was created as part of the city’s drug house ordinance installed in 1993.

That law allows the city to order landlords to evict tenants implicated in selling drugs, gambling or prostitution.

If the landlord does not do so, he or she can face penalties, mainly fines.

Fort Wayne Police Chief Rusty York said the drug house ordinance coordinator reports to the captain of vice and narcotics and helps the unit with tips regarding illegal activities taking place at rental properties.

The coordinator is also in contact with landlords of such properties, helping solve any problems, York said.

According to city law, landlords have 30 days to evict tenants from their properties if it’s discovered those tenants are dealing drugs or using the property for gambling or prostitution.

For years, former Fort Wayne police officer Joe Musi filled the drug house ordinance coordinator position. He retired in 2009.

That same year, a lawsuit filed by the American Civil Liberties Union, on behalf of a man who did not want to evict a tenant, challenged the drug house ordinance.

Christopher Morgan, owner of properties through his company, Picture Perfect Property LLC, was ordered to evict a woman who had invited the father of her child to stay with her, according to the lawsuit.

The father began having visitors at all hours of the day and night, drawing the attention of police. The woman then kicked the man out. Despite her being a “model tenant,” Morgan was still ordered to evict the woman, according to the lawsuit.

After the filing of the lawsuit, Fort Wayne police eased enforcing the ordinance. Since then, the law has been revised and enforcement is set to resume, according to York.

“We pretty much suspended enforcement, but now we’re ready to go again,” he said.

Source: http://www.journalgazette.net

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