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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. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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