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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. 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.

  5. 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.

ADVERTISEMENT