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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. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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