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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. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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