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3 get judge, commissioner discipline case

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Disciplinary actions against a Marion County judge and his commissioner have been consolidated into one case and the Indiana Supreme Court has assigned three special judges to the proceedings.

In an order dated June 18, the court consolidated the cases against Judge Grant W. Hawkins and Master Commissioner Nancy Broyles, who've both been on Marion Superior Court's Criminal Division 5 since January 2001.

Delaware Circuit Judge Marianne L. Vorhees has been named presiding master, while Lake Superior Judge Clarence D. Murray and Elkhart Circuit Judge Terry Shewmaker will also hear and take evidence on the charges.

The Indiana Judicial Qualifications Commission filed nearly a dozen charges against each on April 9, alleging delay and dereliction of duties relating to the handling of cases.

Mostly, the 11 counts against Judge Hawkins and 10 against Commissioner Broyles deal with their involvement in a post-conviction case that resulted in an Indianapolis man being held in prison for almost two years after DNA evidence cleared him of a 1984 rape.

The charges allege that Judge Hawkins did not adequately supervise his staff and commissioner, committed conduct prejudicial to the administration of justice, and did not uphold the integrity and public confidence of the judiciary by allowing delays.

Charges are similar against Commissioner Broyles, but reveal that her conduct may have delayed at least seven other post-conviction proceedings between sixth months and 28 months, and some were backdated once they were ultimately decided. The investigation shows that the part-time commissioner routinely issued final orders in post-conviction cases without obtaining Judge Hawkins' approval and signature, contrary to Indiana Codes 33-33-49-16 and 33-23-5-8.

Now, the two cases have been consolidated into No. 49S00-0804-JD-157. The masters are directed to submit a schedule within 30 days of the order and a report is expected during the first week of November.

Indiana Lawyer reported on the disciplinary actions in the April 16-29, 2008, edition, "Judge, commissioner both face charges."

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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