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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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