Panel says judge should lose post for pulling gun on teen

ELKHART, Ind. -- A panel of judges has recommended the Indiana Supreme Court remove from office an Elkhart County judge who allegedly pointed a handgun at an 18-year-old in 2003 while looking for his runaway teenage daughter.\nThe state Supreme Court appointed the panel of three judges to hear the disciplinary case against Elkhart Superior Court Judge Benjamin Pfaff.\nIn a report filed Monday, the panel said Pfaff should be removed from office because of the dishonor he brought upon the Indiana judiciary, the severity of his misconduct and his false statements.\nThe state commission on judicial qualifications and Pfaff have a chance to file responses to the report with the Supreme Court before it rules on the case, The Elkhart Truth newspaper reported.\nPfaff's attorney, Steve Bowers, said Tuesday he did not believe it was appropriate to comment on the report while the case was pending.\nThe judge's attorneys have argued in the past that Pfaff's conduct was reasonable and justified under the circumstances.\nThe three-judge panel acknowledged Pfaff has served with distinction, and more than 50 people submitted letters on his behalf. The panel also said Pfaff was legitimately concerned about his runaway daughter and was acting as a parent Dec. 8, 2003, as he searched for her at a home north of Elkhart.\nBryan Schiltz told police investigators he and his roommate returned home after receiving a phone call that Pfaff was waiting for them. Schiltz said when he arrived at his home, Pfaff ran from inside, grabbed him and pulled out a gun.\nThe judges panel said Pfaff's concern for his daughter did not justify his misconduct.\nA special prosecutor last year declined to file criminal charges against Pfaff, finding that pulling the gun could "legitimately be classified as a reasonable defensive move"