ILNews

Disciplinary case ends for 1, continues for judge

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT