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Judge: 'I didn't lie ...': Marion Superior jurist faces disciplinary panel

Michael W. Hoskins
January 1, 2008
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Marion Superior Judge Grant W. Hawkins is used to spending his days in court. But on Oct. 6 and 7, he wasn't on the bench; the jurist was the one being judged.

Already, his former part-time commissioner has resigned and been permanently banned from any judicial role because of this issue, and Judge Hawkins is battling 11 misconduct charges against him that could mean his judicial career is on the line.

But before he finds out his fate, the judge is waiting for three out-of-county colleagues to decide whether he violated judicial canons by not adequately supervising his court and misleading an investigation into his court's conduct.

On the bench since January 2001, this is the first time Judge Hawkins has faced a judicial disciplinary hearing. While his demeanor during testimony and in conversations outside the Indiana Supreme Court courtroom clearly illustrated he's nervous about what could happen, he is unwavering in his assertion that he never tried to cover up anything.

"I don't deny I didn't have a good operation," Judge Hawkins said. "But I didn't lie, I didn't mislead anyone. I stand up to my mistakes."

The Indiana Judicial Qualifications Commission in April filed about a dozen charges each against Judge Hawkins and his former part-time commissioner Nancy L. Broyles alleging delay and dereliction of duties relating to the handling of various cases. Mostly, the counts dealt with the handling of a post-conviction case that resulted in Indianapolis man Harold Buntin being held in prison for 22 months after DNA evidence cleared him of a 1984 rape, for which he'd spent a total of 13 years in prison.

Buntin petitioned for relief in 1998 based on DNA evidence that wasn't available during his trial that he hoped would clear him; it eventually did in 2005. Serving in a part-time capacity since 2001, Broyles was assigned his post-conviction hearing in March 2005 and took it under advisement in April.

The case came to light after Buntin received no word from his Indianapolis attorney, Carolyn Rader, or the court, despite his repeated attempts to get an answer. He contacted the commission to investigate the reason for the delay in early 2007.

After the commission got involved, Judge Hawkins investigated and discovered an array of problems: a missing file that was later located, an order that appeared to have been signed 13 months after Broyles took the case under advisement but was not properly processed, and confusion about what caused the delays in the first place. Eventually, Judge Hawkins issued a notice of delay March 8, 2007, but it took an additional six weeks and another inquiry from the Judicial Qualifications Commission before a hearing was scheduled and Buntin was released April 20, 2007.

Now, it's up to three judicial masters - Delaware Circuit Judge Marianne Vorhees, Lake Superior Judge Clarence Murray, and Elkhart Circuit Judge Terry Shewmaker - to sift through the evidence and case history. They presided over the hearing and are expected to issue a report to the high court by Nov. 14.

At the hearing, Disciplinary Commission attorney Adrienne Meiring described a disorganized and delay-ridden court where Judge Hawkins failed to provide adequate supervision. 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.

McGoff countered most of the witnesses by pointing out that much remains uncertain about the circumstances causing the delay and how differing recollections weren't proof that anyone intentionally misled the investigation.

Rader, Buntin's attorney, testified on the first day that she communicated with Broyles by e-mail, phone, and inquiry, but Rader chose not to bring it to the judge's attention.

"I didn't consider going to (Judge) Hawkins as advisable. I didn't want to cause friction between them, didn't want to get her in trouble, didn't want to raise Cain, didn't want to jeopardize Buntin's position," Rader said.

She testified that she has agreed to a public reprimand in her own disciplinary action, which was for failing to communicate with Buntin during the court delays. She's also reached an undisclosed settlement in a civil suit that Buntin filed against her, she testified.

Buntin's suit against the Marion County clerk and Judge Hawkins' court remains pending.

While it remains unclear exactly how the delays happened, both the judicial officers have taken responsibility for the Buntin case delays and how the court handled the issue.

Just days before the judicial misconduct hearing was to begin, the commission reached an agreement with Broyles in the action against her and the Indiana Supreme Court accepted that discipline Oct. 10. She voluntarily resigned in April, has been permanently banned from the bench, including pro tempore service, and is being publicly reprimanded.

In issuing its order, the court noted that she's shown consistent remorse for the events and takes responsibility for her actions and inactions. The court wrote, "a public reprimand adequately sanctions her for the admissions made as part of this agreement .... (it) remains on her record and is of great personal consequence for her as it would any attorney or judicial officer that considers their reputations to be their largest asset. "All justices agreed except Chief Justice Randall T. Shepard, who found the sanction to be inadequate.

During testimony at Judge Hawkins' hearing, 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 that came after she took the case under advisement in April 2005.

"I was the cause .... I did not handle this well," the former commissioner testified, noting that she should have pressed for updates from all parties and moved the case more quickly. "Of my many regrets on this whole matter ... that was my biggest one. I take full responsibility for that."

Broyles said she had no reason to think the judge had misled anyone on the matter and said she's never heard him accused of dishonesty, and some of the judge's colleagues and attorneys practicing before him defended his integrity.

However, Broyles testified 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 said he greatly regrets what happened and has vowed to make sure the process is more closely monitored and scrutinized in his courtroom. Drastic changes have already been implemented, he said.

"You have a system in place you think is working well, and you don't know it isn't working well until someone brings it to your attention," he told the masters' panel. "Mistakes happen to the best of us. I've always wanted to be the best of us, and until Buntin came along, I didn't fully realize the limitations we have." •
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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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