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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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