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Disciplinary case ends for 1, continues for judge

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A Marion County commissioner has resolved the judicial disciplinary action against her, though a similar case against her supervising judge proceeded today with the start of a two-day hearing.

The Indiana Judicial Qualifications Commission in April filed nearly two dozen charges against Commissioner Nancy Broyles and Marion Superior Judge Grant Hawkins, alleging delay and dereliction of duties relating to the handling of various cases. Mostly, the counts dealt with Commissioner Broyles' involvement handling a post-conviction case that resulted in Indianapolis man Harold Buntin being held in prison for nearly two years after DNA evidence cleared him of a 1984 rape.

Late last week, a resolution came in the action against Commissioner Broyles, but details aren't yet available. One of her attorneys, James Voyles, confirmed a resolution has been filed but couldn't elaborate because nothing has been formalized and because the commissioner will testify at Judge Hawkins' hearing Tuesday.

Her case had been consolidated with the one against Judge Hawkins, who appeared today in the Indiana Supreme Court's courtroom for the disciplinary hearing before three judicial masters - Delaware Circuit Judge Marianne Vorhees, Lake Superior Judge Clarence Murray, and Elkhart Circuit Judge Terry Shewmaker.

Disciplinary commission attorney Adrienne Meiring described a disorganized and delay-ridden court where Judge Hawkins failed to provide adequate supervision, while defense attorney Kevin McGoff contended that the sitting judge wasn't personally responsible for actions he wasn't aware of and at no time misled the investigating commission or parties involved in the case.

"While this begins with Mr. Buntin's complaints (against the court), it doesn't end there," Meiring said. "This is not one simple mistake .... When it came to PCRs in Marion Superior 5, it was a court in complete disarray. Judge Hawkins' lack of supervision led to a culture of indifference."

Judicial Qualifications Commission attorney Meg Babcock, who withdrew as counsel in this case to testify, spoke about her initial investigation that led to the disciplinary charges. She couldn't at first determine the case status by the chronological summary and couldn't get access to the file because court staff said it was in an archive storage area.

McGoff admitted that while there was a breakdown in the communication system somewhere, it wasn't the judge's direct fault.

Buntin's attorney, Carolyn Rader, communicated with Commissioner Broyles by e-mail, phone, and inquiry, but chose not to bring it to the judge's attention, she testified.

At one point, four months after the case had been taken under advisement, Rader testified that Commissioner Broyles came to her in mid-2005 in another courtroom and said she needed to get started on work in the Buntin case. That didn't surprise Rader because of the commissioner's well-known delays in issuing rulings that meant attorneys frequently had to check cases to make sure everything was in order. Rader said she also didn't want to file a "lazy judge" motion because that would have created unwanted friction for the court and possibly her client, Buntin.

"I didn't consider going to (Judge) Hawkins as advisable. I didn't want to cause friction between them, didn't want to get her in trouble, didn't want to raise Cain, didn't want to jeopardize Buntin's position," she said.

The hearing is expected to last through Tuesday. A report is expected from the three-judge panel in the first week of November.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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