Appellate court orders hearing on judge's impartiality

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The Indiana Court of Appeals has ruled that a Monroe Circuit judge abused her discretion in denying a motion to recuse in a small claims case that involved an attorney who previously served as the judge’s election campaign committee chair.

In Bloomington Magazine, Inc. v. Mark Kiang d/b/a Mikado Restaurant, Sunbeam Corp., and Truffles 56 Degrees Incorporated, No. 53A05-1012-SC-790, the appellate court reversed and remanded a case involving a payment dispute between Bloomington Magazine and two advertisers, Mark Kiang and Truffles 56 Degrees. Judge Valeri Haughton in January 2010 ruled against the magazine and in favor of Kiang. The magazine’s attorneys appealed after the judge denied a motion to correct error.

While that appeal was pending, the magazine filed a motion to set aside the trial court judgment pursuant to Indiana Trial Rule 60(B)(2), (3), and (8) on grounds that it had discovered Kiang’s attorney, Geoffrey M. Grodner, served as chair of the judge’s campaign committee in 2008. The attorney and judge didn’t disclose that information.

The Court of Appeals looked to the Indiana trial rules governing recusals and judicial canon 2.11, which states a judge must disqualify himself or herself in any proceedings in which the judge’s impartiality might reasonably be questioned. The rule also states that a judge should disclose on the record any information that the judge believes the parties or their lawyers might reasonably consider relevant to a possible motion for disqualification, even if the judge doesn’t believe there is a basis for disqualification.

The Indiana court panel cited a Florida appellate decision in Neiman-Marcus Grp., Inc. v. Robinson, 829 So.2d 967, 968 (Fla. Dist. Ct. App. 2002), that made the proximity of time in which an attorney serves on a judicial campaign committee to the current litigation matter the relevant inquiry in determining whether a trial judge should grant a motion to disqualify himself or herself.

The appellate judges found that Haughton and Grodner’s relationship wasn’t so remote in time as to dispel the appearance of impropriety, particularly since the attorney filed an appearance within three months of the 2008 election and the recusal motion was within two years of the election, once the opposing counsel learned of the relationship.

Remanding the case, the appellate court wrote that the parties can introduce evidence at the hearing regarding the requirements of the Indiana Trial Rules, including whether evidence of the professional relationship between Haughton and Grodner satisfies the rule requirements on evidence being newly discovered and not something that could have been found earlier.


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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL