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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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