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Delayed jail releases common, says witness in judge’s discipline case

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A senior judge who presided in a Marion Superior criminal court for more than a dozen years testified Friday that delayed releases of defendants from jail are a problem with the county’s entire judicial system and not limited to the court of a judge facing discipline for that and other charges.

 “There has been this problem forever,” Senior Judge Barbara Collins testified in the Judicial Qualifications Commission’s case against Marion Superior Judge Kimberly Brown. Brown faces 47 counts of judicial misconduct, including nine counts related to the delayed release of defendants for periods of time ranging from one to 22 days.

Collins retired from the bench of Marion Superior Criminal Court 8 at the end of 2012, and she estimated that at least once a week during most of that time she would be informed of a defendant who was still behind bars at the Marion County Jail after she had ordered release. Most of the time, it was due to staff failing to enter the judge’s orders, she said.

Collins’ testimony was admitted over the objection of Tom Carusillo, representing the JQC. Carusillo argued the line of questioning wasn’t relevant to the counts against Brown, but retired Judge Viola Taliaferro, presiding over a panel of three special masters, overruled. Brown’s attorney Aaron Haith said the line of questioning would support his argument at the opening of the case Monday that Brown was being singled out for problems endemic in the Marion Superior Courts.

As Brown has alleged, Collins also said many of the problems she encountered with delayed releases arose from staff who refused to follow proper procedures in entering minutes on antiquated computer systems, and that the problems seldom arose from errors made by jail staff.

Collins said that when she took over for a retiring judge she encountered resentments among staff, similar to those which Brown alleged when she moved to a new criminal division courtroom.

“There was a lot of conflict and I had to watch my back,” Collins said of moving into Criminal Court 8 more than a dozen years earlier. She said staff often bickered and left work early with stacks of paperwork that had not been entered. She said there were issues of ghost employment, among other things.

“People just decided they’re not going to do things,” she said.

Carusillo pressed Collins on why she didn’t terminate employees or report those problems to court administrators, and she noted that at the beginning of her time on the Marion Superior bench there wasn’t anyone to report to. She said she did terminate some staff for unexcused absences or for lying to her, and she discussed the problems with delayed releases informally with other judges and attorneys, though not through a formal complaint with the Marion Superior Executive Committee.

“I am very outspoken and I tell it like it is, and I fix things,” Collins said at one point. The problem with delayed releases had improved during the last several months she was on the bench, she said, but she nevertheless still received reports at least a few times a month from public defenders or others of someone held at the jail who she had ordered released.

Carusillo angered Collins at one point by asking whether her level of contact with Haith increased after the commission filed its disciplinary petition against Brown. “I’m affronted by that question,” she said.

Haith followed up and asked Collins whether he would be able to influence her testimony. “There is never anytime you would have told me what to do,” Collins said.

Brown’s hearing is expected to continue through Sunday in the Indiana Supreme Court courtroom in the Statehouse. Taliaferro said earlier this week the masters expected to conclude the hearing by the end of the weekend.

The masters will ultimately provide recommendations on what discipline, if any, Brown should receive, and the matter will be decided by the Indiana Supreme Court.


 

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  • Seventh Circuit concerned
    Those who wonder if the Seventh Circuit has concerns about Indiana should read this articlehttp://www.theindianalawyer.com/th-circuit-blasts-lawyers-in-reinstating-malicious-prosecution-suit/PARAMS/article/32662
  • a theme has emerged
    The actions of the Indianapolis judicial authorites (Dixon, Ogden, Farmer, recent 7th cir rebuke, etc) and nonaction (above, Conour, not filing mandatory annual reports, Conour, Conour, Conour) has forged a theme ... Indiana as a third rate banana republic, judicially speaking. My attorney friends from Kansas are constantly amazed by what this paper reports, seemingly without causing any in Indy to even blush. Perhaps, based upon the above testimony, the Seventh Circuit should takeover the Indiana justice system for a few years and install something approximating an American system, or at the very least something that that would not "affront" Lady Justice?

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

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  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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