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Allen Superior Magistrate Linsky resigns after 14 years

Behavior on the bench 'highly inappropriate,' defense attorney says

Thursday, February 28, 2013 - 9:26 am

An Allen Superior Court Magistrate has resigned after 14 years on the bench.

Marcia Linsky submitted her resignation Tuesday, and her traffic and criminal misdemeanor caseload will be handled by other judges until the court’s Criminal Division judges can appoint a successor, Court Executive Jerry Noble said.

Although magistrates have authority similar to judges, they are appointed and are not subject to retention by the public.

A defense attorney, however, suggested Linsky’s “highly inappropriate” conduct on the bench may have contributed to her exit.

“I talked to (Judge) Fran Gull about her conduct several times, and others did, too,” said the attorney, who asked not to be named. The attorney said Linsky would often spend court time berating attorneys – a practice the attorney said shocked and puzzled relatives from another country who were visiting her courtroom.

Noble said he could not comment on Linsky’s decision to resign.

Linsky handled several high-profile cases over the years, but was reprimanded by Judge Kenneth Scheibenberger in 2000 for barring the public from a hearing on misdemeanor charges against a city police officer without following normal procedure.

Two years later, Linsky succeeded Scheibenberger as head of Allen County’s Drug Court. In 2002 she helped handle the caseload of Magistrate Jeff Gulley following his resignation and ruled in the city’s favor in a noise ordinance complaint against the Broadripple Place nightclub, which had drawn numerous complaints from neighbors. And in 2005 Linsky found probable cause to hold a woman accused of putting her dead 9-month-old son in a Dumpster.

Prior to her appointment as magistrate, Linsky served in the Allen County Prosecutor’s office. She is also on the board of Blue Jacket Inc., a not-for-profit agency that seeks to train and find jobs for ex-offenders.