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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. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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