ILNews

Commission: Suspend Judge Kimberly Brown

Back to TopCommentsE-mailPrint

Marion Superior Judge Kimberly Brown circumvented the three-judge panel that heard her disciplinary case with a direct appeal to the Indiana Supreme Court, the presiding judge said in striking her last-minute apology and an affidavit in her support from former Justice Frank Sullivan.

Meanwhile, the Indiana Judicial Qualifications Commission is asking for Brown's suspension with pay while the court considers the special masters' request that she be removed from the bench.

“If the Court adopts the Masters' and the Commission's recommendations and issues an order or removal, the Commission asks the Court, at that time, also to find (Brown) permanently ineligible for judicial office,” commission counsel Adrienne Meiring recommended in a Jan. 3 filing.

In a filing a day earlier, retired Monroe Circuit Judge Viola Taliaferro struck Brown's Dec. 11 filing that submitted to discipline and suggested a 60-day suspension. “The proposal in Brown's Submission is rejected, the Affidavits submitted are stricken, and Brown's Motion for leave to file a reply to the Commission's Answer is denied,” she wrote. Taliaferro presides over the three-judge panel of special masters that heard Brown's disciplinary case.

Taliaferro wrote that Brown failed to show cause for not filing findings after her hearing. Instead, “Brown by-passed the Panel of Special Masters” with the Dec. 11 filing that advocated a 60-day suspension and included Sullivan's affidavit. “The submission was later supplied to the Special Masters by the Supreme Court,” Taliaferro wrote.

The commission asked the masters to strike the filings as untimely and outside the record, and the panel agreed. “In that evidence has been heard, concluded and the cause submitted to the special masters for ruling, Brown's chance to apologize, show mitigating circumstances, and recommend proposed discipline has passed,” Taliaferro wrote.

The commission would be unduly prejudiced if Brown's filing or Sullivan's affidavit were admitted without the opportunity to cross-examine the parties, she wrote. The panel stands on its recommendation that Brown be removed from the bench but clarified that the masters do not recommend suspending Brown's law license.

Taliaferro and the other judges on the panel -- Boone Superior Judge Rebecca S. McClure and Lake Superior Judge Sheila M. Moss – concluded last month that the commission had proven 46 of 47 counts against Brown.

Allegations against Brown include wrongful detention of at least nine criminal defendants, 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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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.

  2. 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.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT