Embattled judge sorry, proposes 60-day suspension

Back to TopCommentsE-mailPrintBookmark and Share

Marion Superior Judge Kimberly Brown is apologizing for alleged judicial misconduct that resulted in 47 disciplinary counts against her, proposing to the Indiana Supreme Court that she be suspended for two months. She also says her prior defense, including refusing to take a deposition oath, was “ill-advised.”

“Judge Brown is sorry and apologizes to the (Judicial Qualifications) Commission, the Court and the people of Indiana for her conduct which was prejudicial to the administration of justice and a violation of the Indiana Code of Judicial Conduct, and asks that a suspension of sixty (60) days be imposed, consistent with prior judicial discipline cases,” according to a filing on Brown’s behalf.

Brown filed a submission to discipline in lieu of submission of findings Wednesday that said she admits to the disciplinary violations in most cases and accepts responsibility for delayed releases of defendants, failure to properly administer cases and hostile treatment of court staff and attorneys.

“Though inexcusable, Judge Brown assures the Court, Commission and the public that none of her actions, or failures to act, in connection with the failure to timely rule on certain matters was intentional,” the brief says.

Brown also submitted an affidavit in which she says she tried to address disciplinary matters after the commission contacted her and expresses regret for the way she is alleged to have behaved toward officers of the court and staff.

“In connection with the allegations of inappropriate demeanor, this action has caused me to engage in careful introspection,” Brown says in the affidavit. “I apologize for any thoughtless, or less than caring statements made, and pledge to conduct myself and the court with the utmost professionalism at all times.”

Supreme Court spokeswoman Kathryn Dolan said the justices will determine what the proper punishment should be in Brown’s case. The JQC previously recommended Brown be removed from office.

Brown’s eight-day-long hearing before a panel of three special masters is believed to be the longest such case on record. Brown was represented by attorneys Aaron Haith and Belle Choate during those hearing but her filing Wednesday was accompanied by the appearance of Bingham Greenebaum Doll LLP partner Karl Mulvaney.

Brown “recognizes that some aspects of her defense were ill-advised, such as her refusal to take the oath when testifying in depositions,” according to the brief prepared by Mulvaney. “She has also retained new counsel to assist with her decision to present this Submission to Discipline and not to submit findings to specifically dispute the facts and charges.”

Brown “believes it is not useful to even attempt to rebut facts and arguments she believes are not well taken by the Commission where it is clear her conduct, and the conduct of the courts for which she was responsible, amounted to conduct prejudicial to the administration of justice,” the filing says.

Former Justice Frank Sullivan Jr. also submitted an affidavit in support of Brown’s motion. Sullivan said he’s known Brown since 2007 and worked with her as an early adopter in implementing the Odyssey Case Management System in the Marion County Small Claims Court in Washington Township.

Sullivan wrote that he was disappointed and saddened by the charges against Brown. “I believe the events surrounding the charges against Judge Brown are the result of a series of unfortunate events and circumstances,” Sullivan says in the affidavit.

The former justice said he’s talked with Brown and counseled her on the need for professionalism and civility. “She advises that she has taken the charges in this regard to heart and that the investigation in this case … caused her to become a better judge.”

Sullivan wrote he offered to mentor Brown and visit her court monthly for a probationary period and report whether Brown is “fulfilling her pledge to maintain a high state of court efficiency and professionalism.”

In support of her argument for a 60-day suspension, Brown cites three prior judicial discipline cases she says are comparable and resulted in that punishment: In re Hawkins, 902 N.E.2d 231 (Ind. 2009), In re Kouras, 816 N.E.2d 21 (Ind. 2004) and In re Danikolas, 838 N.E.2d 422 (Ind. 2005).


Post a comment to this story

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
Subscribe to Indiana Lawyer
  1. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"

  2. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  3. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  4. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  5. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.