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Embattled judge sorry, proposes 60-day suspension

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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).
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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