Howard County judge accused of ‘Game or Jail,’ discipline charges filed
Mar 26, 2025
KOKOMO, Ind. (WISH) — Nine discipline charges are being filed against Howard County Judge Matthew J. Elkin, claiming that he displayed a pattern of vulgar disrespect, used a tactic called “Game or Jail” with defendants, and allowed conflict of interests in the courtroom.
The Indiana Com
mission on Judicial Qualifications (ICJQ) filed the charges Wednesday, saying “Judge Elkin demonstrated an inability to perform judicial and administrative duties competently, diligently, and promptly, and acted in a manner that did not promote public confidence in the judiciary.”
Elkin was elected as a judge for the Howard Superior Court 1 in 2022 and oversees cases in the Howard County Drug Court and the Howard County Re-Entry Court, called problem-solving courts (PSCs).
Conflict of interests
When Elkin was began his tenure in 2023, ICJQ says he did not disclose every case that he represented, leading to conflicts of interests. “Due to the haphazard treatment (Elkin) gave to the issue of conflicts, (Elkin) presided over PSC matters of multiple clients who he previously represented as counsel on those legal matters,” the discipline charges say.
ICJQ’s investigation says Elkin presided over at least 11 defendants that he previous represented.
Game or Jail
The investigation said Elkin’s behavior extended beyond conflict of interests. ICJQ claims Elkin allowed “Game or Jail” in the Re-Entry Court.
In the “tactic,” Elkin would direct one defendant to be placed in handcuffs despite not being in custody prior to the hearing or having committed any violations. Then Elkin told the other defendant that if they lied, Elkin would order the one in handcuffs to jail.
Elkin’s response to using “Game or Jail” was that he believed the threat of sending one to jail would prevent the other from “rationalizing or downplaying his behavior and it would reward him for telling the truth.”
Elkin later admitted to an investigation that “Game or Jail” violated rules of judicial conduct.
Gifts and favors
ICJQ’s investigation found that Elkin would provide favors some defendants that appeared in court. Part of one defendant’s case plan required stable housing, ICJQ says Elkin told the defendant that he had a house she could rent.
Elkin and his wife went to give favors to that defendant, offering free rent, giving transportation, buying clothes, and even “coaching as to how to care for infants and how to navigate different developmental milestones,” the charges say.
Elkin only recused himself from the case after he was given notice.
The investigation detailed other cases which showed Elkin selectively choosing certain PSC participants to give similar favors to.
Following court staff and PSC participants
In multiple meetings, Elkin told PSC staff that he would follow some defendants outside of the court. In one case, Elkin contacted a probation officer to learn when the PSC defendant’s daughter was playing softball games so Elkin could attend.
During one open court session, Elkin said to all the participants, ““…I’ll be more than happy to explain that my dad used to steal other countries’ secrets for 25 years. I am literally over Easter going to drive past every place anybody here owns or lives at. That includes going past work release, rescue mission. And I am going to scan every place to see if anybody here has a phone. If you aren’t supposed to have a phone, I’m going to know by Monday”
Twice, Elkin accused his staff of being “moles” and told them that “on multiple occasions he has followed PSC staff or had them followed outside the courtroom,” IJPQ said.
Insulting a sexual abuse victim
During a woman’s Re-Entry Court hearing, Elkin compared her history as a domestic violence victim to Tom Brady’s joy from winning a Super Bowl.
“Do you know who Tom Brady is? How many Super Bowls? Seven Super Bowls he’s won. When Tom Brady wins a Super Bowl, his brain is filled with all kinds of neurochemicals. All right? And he gets to scream, you know, I’m going to Disney World … Now, I know he’s not married, he’s not in a relationship anymore, but what he used to be able to do is he got two big brain rushes because he got to go I won the Super Bowl and then the next thought is I get to (expletive) the super model. Okay?
“If I smack the (expletive) out of you right now, what chemicals get dumped in your brain? The exact same chemicals he experiences when he wins the Super Bowl. Did you know that? So the whole thing is every time I beat you up or you beat me up, we won the Super Bowl … So if I smack you in the head and you feel the exact same way so you can enjoy the relationship. That’s what happens.
“That’s the truth. That’s why women don’t leave. It gets worse. He experiences it once because he won the Super Bowl. You can cause yourself to experience that emotion at least two more times after you’ve been hit. One is if you feel guilty about having had you’re as kicked, the exact same chemicals dump into your brain. You feel real shame over it. Then if you get angry over the fact that this person did it to you, it happens a third time. Here’s the deal, I can train for an entire lifetime for one shot at winning the Super Bowl and experiencing that elation, or I can have somebody kick my (expletive) and I can do it three times. Which is easier?
“You don’t deserve this chance. You don’t deserve it. I have—I know what’s wrong with you and I know how to fix you.
“You’re not even my property yet. Do you know that you’re the Department of Corrections’ property for 98 days, right? No, six months. Right?”
Using diapers to humiliate a defendant and other belittlement
ICJQ says that during a status hearing, Elkin pulled out a pack of adult diapers in court while talking about a write up that one PSC participant received at a work release facility.
Elkin once displayed a sign which said “watching you dumb (expletive).”
However, Elkin’s insults were not only directed at those appearing in court. While insulting participants, and revealing confidential information about other PSC defendants, Elkin told three staff members “I’m not going to say what I know about you, but I know.”
When he first became the Howard Superior Court 1 presiding judge, Elkin told the staff that he was going to “mess with” and “(expletive) with” the participants.
Elkin was given 20 days to file answers to the nine charges, however only the Indiana Supreme Court has the ability to determine what, if any, misconduct occurred, ICJQ said.
Full discipline charges
news-2025-0326-jqc-charges-elkinDownload
...read more read less