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Commission wants judge suspended now

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The Indiana Judicial Qualifications Commission agrees with a three-masters panel that a Marion Superior judge should be removed from the bench but wants him immediately suspended while the Indiana Supreme Court considers his final punishment.

A two-page recommendation and 18-page memorandum of support came from the Indiana Commission on Judicial Qualifications Friday, a response to a recommendation from a masters panel Nov. 7. That 70-page decision found Marion Superior Judge Grant Hawkins violated canons and committed 10 counts of judicial misconduct relating to how he supervised his court, and that the appropriate sanction should be removal.

The Indiana Judicial Qualifications Commission filed charges in April accusing him and former Commissioner Nancy Broyles of misconduct, which in large part led to a pattern of case delays and one that resulted in wrongfully convicted Harold Buntin being kept in prison almost two years after DNA cleared him of a crime. She has since resigned and been permanently banned from the bench. The panel conducted a two-day hearing for the judge in early October.

Charges are that he didn't adequately supervise his staff and the commissioner, and that the lack of supervision led to a pattern of delays, including Buntin's. The masters acknowledged Judge Hawkins' apology and remorse. If it weren't for what resulted in the Buntin case, they said they normally would have recommended a suspension without pay because of how he generally handled the post-conviction relief issues.

In its response, the Judicial Qualifications Commission agreed with the panel in full and said an immediate suspension and subsequent removal is the only adequate solution.

"Ultimately, the Commission believes that Judge Hawkins' negligent and inexplicably casual approach to the Buntin case and the general operation of his court caused a significant loss of liberty to Mr. Buntin, numerous violations of procedural due process to other petitioners, and a general breakdown of the public's trust for countless others interested in the efficient operations of the criminal justice system," the memorandum says. "In balancing all the circumstances, the Commission concludes that the damage to the reputation and to the public's perception of Indiana's judiciary will be repaired only if Judge Hawkins is removed from office."

The Indiana Supreme Court will get the case to consider what penalty to issue after a procedural response period; Judge Hawkins is allowed 20 days to challenge the recommendations and then the commission has 10 days to respond from that. Justices aren't bound by any timeline once they receive the case for consideration.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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