Deadline looms for Indy judge

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The neat handwriting in red ink on a page torn from a legal pad contained a desperate plea from a bewildered young mother held in the Marion County Jail.

“I went to court Jan. 14, 2013, and I was sentenced to do 40 hours of community service work,” the letter to Marion Superior Judge Kimberly Brown reads, “and I was told by you and my public defender that I was released. … but they still got me sitting here saying I wasn’t released … so please judge, help me.”

brown-kimberly Brown

Sharell Lobley had been arrested on a misdemeanor shoplifting charge on Jan. 10, and she couldn’t afford the $150 she needed to make bail, she wrote in the letter to Brown. The letter Lobley signed was dated Jan. 21, a full week after she’d been sentenced under a diversion program and presumed her case was resolved as long as she met the court’s conditions.

But another nine days went by before prosecutors and defense attorneys filed a joint motion Jan. 30 asking Brown to waive the diversion program’s sentence of community service, because Lobley at that point had spent 17 days in jail.

Lobley is one of nine defendants from Brown’s courts who spent one to 22 days behind bars that they should not have, according a complaint alleging 45 counts violating various rules of the Code of Judicial Conduct.

Brown “failed to inquire about defendant Lobley’s ability to make bond, or to complete paperwork to order the defendant released on her own recognizance,” the complaint says.

Brown faces an array of accusations in addition to those that her actions led to the delayed release of defendants. She allegedly created “a hostile environment for attorneys, court staff, clerks, and other court officials.”

The Judicial Qualifications Commission on Aug. 26 asked the Supreme Court to suspend Brown pending disciplinary proceedings, but as of Sept. 5, Brown was still on the bench hearing misdemeanor and Class D felony domestic violence cases. On Sept. 6, the Indiana Surpeme Court issued an order giving Brown until noon Sept. 11 to respond to the request for suspension.

Brown did not respond to a message seeking comment, and her attorney, Aaron Haith, of Choate & Haith, said through a firm representative there would be no immediate comment.

But justices noted in the Sept. 6 order that no attorney had yet appeared for Brown in the JQC matter.

Public defenders familiar with multiple allegations said they could not comment because of the pending matter.

The charges

The charges allege Brown neglected administrative duties and paperwork resulting in the wrongful detentions.

The statement of charges against Brown also asserts that between 2009 and January 2013, when Brown was elected to serve as judge either in Criminal Division 16 or 7, she failed to do necessary paperwork or properly train and supervise staff and court officers. She also is accused of improperly converting jury trials to bench trials and causing multiple needless delays.

Several of the counts against Brown allege she treated defense and prosecuting attorneys and clerks and court officers in a rude and discourteous manner. She “routinely displayed inappropriate demeanor toward Court 16 staff and maintained a hostile environment by making derogatory and inappropriate comments about other court staff, court officials, and attorneys in front of staff members and by engaging in other hostile behaviors.”

Brown is accused of failing to timely act on motions before her in multiple instances, and when lawyers called her office daily and court staff approached her about it, she “sometimes responded to the effect of, ‘This isn’t a McDonald’s, you can’t get what you want when you want it’ or ‘I refuse to be held captive,’” according to the complaint.

The complaint says Brown held public defenders to a different standard than private attorneys. Court staff members allege that she frequently told them she “hated” certain defenders and referred to them as “stupid.”

In one instance, Brown is accused of snapping at a public defender who corrected the judge that the client’s next court date was a jury trial rather than a bench trial. Brown is alleged to have said, “You’re very close to contempt. … I suggest that you stop. You are disrupting this court’s procedures.”

Brown also is accused of treating court staff badly, making unflattering comments about their weight, and in one case banning a deputy clerk from her courtroom. Her court had the highest turnover rate of any Marion Superior court, with 14 different employees from 2009 to 2012. Brown later hired bailiffs and a court reporter with no court experience, the complaint alleges.

The judge also is accused of firing her former chief bailiff, Tamara Harrell, in August 2012 because Brown “believed that Harrell had provided information to, or was going to file a complaint with, the Judicial Qualifications Commission.”

Much of the complaint centers on failings to properly stay on top of paperwork, some of which could be attributed to conflicts with clerks. “The inability to locate files in Court 16 became so pronounced that the clerk’s office for a time maintained a log of all files the deputy clerk transferred to the judge,” according to the notice of proceedings.

As of Sept. 9, no date had been set for proceedings before the Judicial Qualifications Commission, according to the online docket of the Supreme Court.•


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.