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Commission recommends removing embattled judge

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Marion Superior Judge Kimberly Brown should be removed from office, the Indiana Judicial Qualifications Commission recommends in findings of fact compiled after the weeklong hearing of a 47-count complaint that concluded Nov. 10.

Removal is warranted, the commission argues, given “the depth and breadth of misconduct in this matter, as well as Judge Kimberly Brown’s actions during the course of the investigation and proceedings.”

The commission focused from the beginning on Brown’s refusal to take an oath at a deposition in her disciplinary case. Commission attorneys said that defiance was emblematic of the counts against her.

The charges against Brown include at least nine counts related to wrongful detention of criminal defendants in the Marion County Jail – one for 22 days. She also is accused of 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.

The proposed findings of fact and conclusions of law were entered on the case docket Monday. The three-judge panel of special masters appointed to hear Brown’s case is acting on an expedited basis and must report to the Indiana Supreme Court by Dec. 30.

Brown’s attorneys on Nov. 25 requested an extension of time to file proposed findings, but there has been no further action on that request. Brown presides in Marion Superior Criminal Court 7 which hears a docket of mainly misdemeanor and Class D felony domestic violence cases.

“Judge Kimberly Brown has not demonstrated that she possesses the appropriate demeanor, competence, or knowledge to be a judicial officer,” the JQC argues. “She has not shown true remorse for her misconduct or provided any indication that she believes she must change her conduct in the future.”

The special masters, retired Monroe Circuit Judge Viola Taliaferro, Boone Superior Judge Rebecca S. McClure and Lake Superior Judge Sheila M. Moss, heard seven days of testimony regarding the counts against Brown.

 

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  • Is there a statistician in the house?
    What are the odds of this happening on a random draw ..... all females running the state operation: "before a panel of three special masters appointed by the Indiana Supreme Court: retired Monroe Circuit Judge Viola Taliaferro, Boone Superior Judge Rebecca S. McClure and Lake Superior Judge Sheila M. Moss. Judicial Qualifications Commission attorney Adrienne Meiring" NOW, I thought gender did not matter? Does it?

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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