Former commissioner testifies against judge

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A former Marion County commissioner took the stand against the judge she once worked for, hinting at a pattern of disorganization in his courtroom. However, she took most of the blame for an almost two-year delay in releasing a man who had been cleared of rape charges.

Former Marion Superior Criminal 5 Commissioner Nancy Broyles - off the bench since her retirement in April - testified in the second of a two-day hearing regarding Marion Superior Judge Grant Hawkins, who now solely faces multiple misconduct charges for alleged dereliction of duty and delay. His hearing began Monday morning and stretched until 8 p.m.; the hearing started again today at 8 a.m. and is expected to last all day.

"To see innuendo after innuendo piled on, it's disheartening," Judge Hawkins said today on a break outside the Indiana Supreme Court's courtroom, where the hearing is being conducted. "Sure, there are blind spots and mistakes may have happened, but they're saying I misled ... I'm not that guy."

The Indiana Judicial Qualifications Commission in April filed about a dozen charges against Broyles and Judge Hawkins, alleging delay and dereliction of duties relating to the handling of various cases. The counts against Broyles dealt with her involvement with 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 Broyles. She isn't practicing law since her retirement and will never again be able to sit as a judge in any matter, including pro tem work.

Broyles' attorneys, James Voyles and Jennifer Lukemeyer, sat near her as she testified this morning in front of a three-judge panel.

"I was the cause ... I did not handle this well," she testified.

With its witnesses so far, Disciplinary Commission attorney Adrienne Meiring described a disorganized and delay-ridden court that Judge Hawkins failed to adequately supervise.

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.

The nearly dozen witnesses called yesterday included court employees, Buntin and his sister, and Indianapolis attorney Carolyn Rader, who had originally represented Buntin on the post-conviction claim. Witnesses this morning included court staff, as well as Broyles and Judge Hawkins before a lunch break.

Broyles said she regrets the delays and what happened, saying she agonized and stressed about this case and how to best respond to it - even during the delay when she took it under advisement in 2005 and when the post-conviction relief notice came in March 2007. Buntin was released in April 2007.

In taking responsibility, Broyles said she didn't know the exact reasons for the delays, but she had no reason to think the judge had misled anyone on the matter.

"I've never known him to be dishonest; never had anyone accuse him of it," she said. "I can't speak more highly to his honesty than that."

She did indicate that just prior to leaving the bench this spring, a check with court administration showed that Criminal Court 5 continued to have too many PCR cases open, an issue that testimony indicated may have been caused by staff not correctly closing files.

Judge Hawkins spent about an hour prior to the lunch break discussing his educational and professional background, including time as chair of the Indiana Supreme Court's Disciplinary Commission, as well as initial points about his court's operations and setup.

Character witnesses and more testimony from Judge Hawkins were expected this afternoon. Among those testifying were Indianapolis attorney Robert Hammerle.

The three judicial masters - Delaware Circuit Judge Marianne Vorhees, Lake Superior Judge Clarence Murray, and Elkhart Circuit Judge Terry Shewmaker - are presiding over the case and expected to issue a report during the first week of November.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.