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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT