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JQC: Strike Judge Brown’s apology, support from Sullivan in discipline case

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Marion Superior Judge Kimberly Brown’s last-minute apology and vouching from former Indiana Justice Frank Sullivan Jr. should not be considered in her disciplinary case, the Judicial Qualifications Commission argued in a brief filed Thursday.

The JQC argues Brown’s submission to discipline in lieu of findings and Sullivan’s affidavit filed in support should be stricken as untimely and outside the record of her 47-count disciplinary case heard last month by a panel of special masters appointed by the Indiana Supreme Court.

“Many assertions in (Brown’s) affidavit (and Justice Sullivan’s affidavit) were known to (Brown) prior to the evidentiary hearing but not submitted to the Masters,” the commission argued in its response to Brown’s latest filing. “Further, a number of (Brown’s) assertions are in direct conflict with the evidence presented at the hearing,” the JQC’s filing says.

Brown’s contrition isn’t a meaningful acceptance of responsibility, and she has continued to delay rulings, according to the JQC filing. “The Commission submits (Brown’s) latest filing simply is too little, too late.”

The JQC is urging the special masters to recommend the Indiana Supreme Court remove Brown from the bench. Justices ordered the case move on an expedited schedule and asked the masters to file a report by Dec. 30. Brown suggests the masters recommend a 60-day suspension from the bench.

Brown’s 47-count disciplinary hearing before a panel of three special masters is believed to be the longest and most extensive against a judge in the JQC’s history. She is accused of delayed releases of at least nine defendants from the Marion County Jail – in one case for 22 days. She is also accused of a host of rule violations, including failing to properly oversee her court, improperly supervising trials, failing to act on Court of Appeals orders, showing hostility toward parties who came before her, and retaliating against court staff who complained, among other things.

At her hearing, Brown was represented by attorney Aaron Haith of Choate & Haith who attempted to portray the judge as singled out for problems he argued were endemic in the Marion Superior courts.

Before the proceedings, justices alerted counsel that parties should not request continuances or extensions except in emergencies or under extraordinary circumstances. On Nov. 25, Haith requested an extension of time to file proposed findings after the hearing, according to the case docket, which also shows the masters granted his request Dec. 2, extending the deadline to noon that same day. Proposed findings were not filed.

Subsequently, Bingham Greenebaum Doll LLP partner Karl Mulvaney appeared on Brown’s behalf and filed the submission to discipline in lieu of findings that also contained Sullivan’s affidavit, after which Haith withdrew. The brief Mulvaney filed, and which the commission now objects to, argues elements of Brown’s defense were “ill-advised.”

Sullivan’s affidavit supplemented Brown’s latest filing. He wrote that he was disappointed and saddened by the charges. “I believe the events surrounding the charges against Judge Brown are the result of a series of unfortunate events and circumstances,” he said, noting he talked with Brown and counseled her on the need for professionalism and civility. “She advises that she has taken the charges in this regard to heart and that the investigation in this case … caused her to become a better judge.”

But the commission in response says that’s not so, and that Brown’s filing is neither a set of proposed findings nor timely filed for the masters to consider.

“These affidavits also put the Commission at a disadvantage, as the Commission has not been given an opportunity to cross-examine (Brown) or former Justice Sullivan on the new matters (Brown) offers.”

The commission brief says Brown “asserts that she ‘has maintained a work schedule where she is usually in the office by 8 a.m. and usually stays until after 5 p.m. to work on her cases’ … and former Justice Sullivan offers a personal and professional character reference.

“The Commission certainly would have cross-examined both witnesses on these matters and confronted them with evidence which discredits these assertions,” the JQC filing says.

At Brown’s hearing, the commission set the tone, opening by admitting into evidence video from her deposition in which the judge defiantly refuses to take an oath, claiming that because she is a judge, she is bound to the truth. The commission brief says such behavior doesn’t instill public confidence.

Brown’s “conduct, demeanor, and tactics during the investigation and proceedings simply do little to assure the citizens of this State that she, indeed, will do better going forward,” the JQC brief says.


 

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  • KUDOS
    Kudos to Judicial Qualifications Commission attorneys Meiring and Carusillo for a very well written and well argued brief. (link above, do read it to understand this case) I was the subject of a 31 page brief from judicial enforcers that cited not one legal precedent, it is great to see that attorneys working for the Ind S.Ct. can actually brief in a professional and lawyerlike manner. The evidence to remove Judge Kimberly Brown is overwhelming .... but who in the bar would want to litigate against her given the tactics demonstrated and documented? Will she remain an attorney after riding so very roughshod over the very system that attorneys are called to uphold? Very scary that her conduct has been going on for years in Marion County, seemingly with little as to review, and that she was evidently disciplined for similar conduct while in small claims court years ago, but was still promoted and not put on probation. How sad for Indiana that political connections and political correctness seems to have driven the judiciary for the past decades, and that too many times the disciplinary power is either not used (Conour) or used for all the wrong reasons (Ogden). And then there is my five year bar from the Ind bar, while yet in good standing in Kansas (I still am) and fully admitted to the Ind federal courts even after the IBLE slammed me to the ground for my religious views. Much to be fixed in Indiana, but this story does give much hope that the new IND S.Ct. wants to see the problems fixed, even while the old system fights for the likes of Kimberly Brown. (An affidavit from a former S.Ct. justice that the Commission stands prepared to shred in cross examination ... how sad for Indiana) How telling too!

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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