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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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