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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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