ILNews

Judge argues for suspension, not removal

Back to TopCommentsE-mailPrintBookmark and Share

A Marion Superior judge who's been suspended from the bench pending a final decision from the Indiana Supreme Court believes his penalty should fall somewhere between a public reprimand and removal.

In a 41-page review petition and 37-page support brief filed Dec. 11, Indianapolis attorney Kevin McGoff - who is representing Judge Grant W. Hawkins - explains why the judge shouldn't be removed from the Criminal Court 5 post he's held since January 2001.

The Indiana Supreme Court's Commission on Judicial Qualifications charged Judge Hawkins in April with misconduct, largely tied to case delays that resulted in Harold Buntin spending nearly two years in prison after DNA evidence cleared him of a rape. A three-master panel has recommended his removal from the bench and the commission agreed; the judge since has been suspended from the bench without pay until the Indiana Supreme Court decides his fate.

His former commissioner, Nancy Broyles, who handled the Buntin post-conviction case and was charged with similar counts, has since resigned and been permanently banned from any future judicial post as a result of the action against her.

Instead of removal, Judge Hawkins is asking that the Supreme Court consider a suspension with pay.

Multiple reasons exist as to why the judge shouldn't be removed, his petition and brief state, including: Buntin was in fact not innocent of the crime and that's been inaccurately portrayed to the public; the judge's stellar reputation in the legal community; that no finding was made that he deliberately deceived or misled anyone during the investigation; that many others with hands in the system played a part in this situation; and that the judge has made numerous court modifications that include creating a file database and increasing staff training and communication to prevent similar delays from happening again.

"Mistakes are made in human endeavor at every level and there is no immunity from the human fallibility that one will make mistakes," the response brief says. "When a public servant makes a mistake, it does not demand that one lose his or her job. This is not and should not be the standard in the field of judicial discipline."

His review petition notes that Judge Hawkins did make mistakes in supervising staff and his commissioner, but it also points out that examples have been found throughout Indiana where courts have let people out of jail too early or kept them too long because of similar errors.

"The goal should be to identify mistakes and correct them, not to unduly punish an honest and hardworking jurist when errors occur," the petition says. "There is always room for improvement in our system."

McGoff argues in the brief that the Supreme Court should not rely on a past judicial disciplinary case of Matter of Kouros, 816 N.E.2d 21 (Ind. 2004), which resulted in the twice-suspended Lake Superior Judge Joan Kouros being removed permanently for creating a backlog of cases and failing to even provide accurate information allowing for adequate outside monitoring. Kouros had a history of mismanagement and disciplinary actions against her prior to the removal decision, Judge Hawkins argues in the brief. That didn't happen in this Marion County case.

Instead, the Supreme Court should use Matter of Newman, 858 N.E.2d 632 (Ind. 2006), as guidance because it's more in line with what happened in this case, the brief says. In Newman, Madison Superior Judge Thomas Newman Jr. received a public reprimand resulting from administrative disorganization and inaction. He'd failed to send an order to the Department of Correction after the appellate court overturned a decision that a defendant had violated parole and needed to serve the remainder of a sentence. That man served more than a year before learning about his appellate win.

The similarity of the facts in both Newman and Hawkins suggests the appropriate sanction for Judge Hawkins should be more in line with that previous case, the brief states. Although Judge Hawkins didn't reach an agreement with the Judicial Qualifications Commission as Judge Newman had, and that likely means more than a public reprimand, the two penalties shouldn't be so dramatically different, the brief says.

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

ADVERTISEMENT