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Attorneys ask judge to recuse himself from Simon case

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Attorneys for Bren Simon turned their ire toward a Hamilton County judge on Tuesday, asking him to recuse himself from a legal battle over real estate magnate Melvin Simon's $2 billion estate.

They took issue with Judge William J. Hughes' choice of personal counsel to represent him in front of a state judicial commission. The judge hired two attorneys with Bingham McHale after he was arrested for driving while intoxicated in North Carolina in October.

Other attorneys at the Indianapolis-based firm represent Simon Property Group Inc. in the contentious estate dispute.

Judge Hughes said in open court Tuesday that he jettisoned the Bingham McHale attorneys—Kevin McGoff and James Bell—on Nov. 22, three days after Bren's attorneys objected and asked for a stay in the case.

Judge Hughes said he has "no bias" for any party or attorney in the case.

Attorneys for Bren, Melvin's widow, were not convinced.

"I am seeking fair and impartial judgment on behalf of my client," attorney Michael Ciresi said in a terse exchange with the judge.

Judge Hughes, who was vacationing when he was arrested Oct. 27, said he was not under the influence when he amended an order in the Simon case earlier that same day.

In court on Tuesday, Judge Hughes turned down a request to put off hearings on several procedural matters, but the judge said he would not immediately rule on the items under discussion.

Melvin’s daughter Deborah Simon is challenging the will in court, saying her father was coerced into approving a new estate plan that dramatically increased the amount of his fortune going to Bren. She also wants her stepmother removed as trustee of the estate while the broader case is pending.

Simon Property Group, meanwhile, joined the dispute to determine whether it must honor Bren Simon’s request to convert $500 million of her late husband's ownership stake in the publicly traded company into common shares or cash.

Judge Hughes said he will cooperate if Bren's attorneys follow legal protocol in appealing to a higher court to have him removed from the case. But he refused to allow verbal arguments on the issue in open court.

"I'm not turning this into a circus for anyone's benefit" said Judge Hughes, a 22-year veteran of the bench.

His initial court hearing in the DWI case is scheduled for January.
 

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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