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Judge Kimberly Brown removed from bench by justices

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The Indiana Supreme Court removed Marion Superior Judge Kimberly Brown from the bench Tuesday after finding she “engaged in significant judicial misconduct.” The judge had been on paid suspension since Jan. 9 pending final discipline.

A panel of special masters found that the Judicial Qualifications Commission proved more than 80 rule violations by Brown on 46 of 47 charges. She was accused of wrongful detention of at least nine criminal defendants, failing to properly oversee her court, improperly supervising trials, failing to act on Court of Appeals orders, showing hostility toward parties who came before her, and retaliating against court staff who complained.

“We conclude that the Commission has determined, by clear and convincing evidence, that (Brown) engaged in significant judicial misconduct, and we conclude that the misconduct warrants her removal from office,” the majority held in a per curiam opinion.

“We conclude that protecting the integrity of the judicial system and ensuring the fair and timely administration of justice require that (Brown) be removed from office … effective immediately,” justices ordered.

Justice Robert Rucker concurred in part, agreeing that Brown should be removed, but not immediately. She should be given a chance as another judge had in a prior extensive disciplinary case.

The 22-page opinion found that during Brown’s tenure in Marion Superior Criminal Division 7, 10 defendants were not promptly released when they should have been, the longest improper detention lasting 22 days.

The opinion cites Brown’s alleged expletive-filled tirades aimed at public defenders, her purported favoring of some court staff over others, and retaliation against those who she perceived as cooperating with investigations of her court.

Brown had argued for a 60-day suspension based on prior judicial discipline cases, including Matter of Hawkins, 902 N.E.2d 231, 244 (Ind. 2009), Matter of Boles, 555 N.E.2d 1284, 1289 (Ind. 1990), and Matter of Danikolas, 838 N.E.2d 422, 430 (Ind. 2005).

Justices found though, that “misconduct in this case was more widespread and egregious than the misconduct at issue” in the cases Brown cited.

“Her post-hearing Submission, agreeing that she engaged in most of the misconduct alleged by the Commission and apologizing for it, is entitled to little mitigating weight in light of its timing. The Submission was made after failing to cooperate fully with the Commission’s investigation and putting the Commission to its burden of proof at a lengthy hearing. It is hard to assign much weight to an expression of remorse under these circumstances,” the majority held.

The order does not bar Brown from practicing law, but does render her ineligible for judicial office. Brown had recently filed to seek re-election.  

Rucker said Brown’s case more closely aligned with Matter of Kouros, 816 N.E.2d 21, 22 (Ind. 2004). “It is Kouros with its similarities to the facts before us that compels me to conclude (Brown) should not be immediately removed from office; but rather should be afforded the opportunity to demonstrate that she has the capacity to manage her court.”

Rucker noted Lake Superior Judge Joan Kouros was given that opportunity and it was only after a period of reporting and state court oversight that it was determined Kouros lacked the capacity to administer the court.

Rucker proposed a 60-day suspension without pay followed by removal from office stayed for one year of supervised probation by the Division of State Court Administration. He argued Kouros “presented far more egregious facts than those that exist here.”
 

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  • Sad but true
    Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?
  • Judge Brown punishes gabacho speech under RPC.
    in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?
    • nicht mehr
      Hey john, not putting any syllables on.your golden tongue! Just noting your former silence. As for convicted attorneys, they have the duty to self report and all other attorneys have duty to rat them out. No excuse for convictions not resulting in discipline in some cases, when fatal to license in other cases. Arbitrary? As for you, sir, you have come very close to pronouncing the emperor naked. Hopefully not too close. Your mask in this forum is likely stopping none from among the overlords as to knowing your allegedly secret identity. This is, after all, the Hoosier state. As in whose yer big brother?
    • huh?
      Anon, don't put words in my mouth. I didn't say that. A judge that has the power to incarcerate people without due process as a matter of neglect is a threat to liberty just like a judge who incarcerates people without due process intentionally. In this situation there seems to be the suggestion that she is being persecuted. Ask some of the people she locked up if they feel persecuted. Anyways, I have already commented on Paul Ogden's situation and I find it most regrettable choices by the DC and I feel like Ogden did not violate rules and the whole thing should have been initiated in the first place. This Hicks fellow, I don't know about him,. He is not the only person that has been convicted who remains unaffected in his license. I am not overly concerned about him. I feel that it is likely the DC is struggling with a difficult situation in terms of rounding up all these convictions of lawyers hither and yon. The judges are supposed to report them, from what I have heard, and but often they don't bother. So the DC has not been helped by local judges who don't cooperate. To be fair some judges may forget this or may not even be aware. Overall, I think a judge who does a bad job like this lady really should get pulled off the bench and be sanctioned as a lawyer and sanctioned hard. Her actions have a far more negative effect on the public perception of the availability of justice in our communities than does a few critical remarks which are true uttered by a few lawyers here and there. That's my private opinion, uttered publically under this nom de plume, and I'm sticking to it.
      • Dear John
        So no comment as to serial drunk driving, carrying unlicensed guns and brandishing the same, Mr Smith? Any concern that some caught having broke the law need only serve that criminal conviction with no public discipline, while others who break no law at all are subjected to show trials and public humiliation?
        • wawaweewah
          "The 22-page opinion found that during Brown’s tenure in Marion Superior Criminal Division 7, 10 defendants were not promptly released when they should have been, the longest improper detention lasting 22 days." ___SHE DETAINED PEOPLE WITHOUT DUE PROCESS FOR 22 DAYS !!!! wow that better fit under 8.4, and if it doesn't than what truly does? ____ "The opinion cites Brown’s alleged expletive-filled tirades aimed at public defenders" ______ she cussed other lawyers in court??? wow if a lawyer cussed a judge in court would that be grounds for discipline? this kind of stuff is incredible, certainly one would think her license ought to get chopped not just her judgeship. but like you said... "some animals are more equal than others..."
        • ooops
          And here the mainstream media notes the absence of bar discipline http://journalgazette.com/article/20130807/LOCAL03/308079965/1002/LOCAL
        • Hick still
          Hicks remains in good standing .... wonder when the Hoosier system will finish crucifying Paul Ogden?
          • And more sad commentary
            It is OK for an Indiana attorney to get drunk, carry unlicensed, and then pull his pistol on former clients .... ok as in no discipline to follow, at least in some instances ... the less-than-clear record certainly suggests http://www.journalgazette.net/article/20130308/LOCAL03/130309559/1002 Yep, some animals just more equal than others .... but what it the equalizer, Mr Smith?
          • Sad commentary
            Kim Brown was a judge. She remains an Indiana attorney in good standing. Yet she certainly violated Rule 8.4. Misconduct It is professional misconduct for a lawyer to: (d) engage in conduct that is prejudicial to the administration of justice; Some animals are just more equal than others, Mr Smith
            • Where were the supremes when Harry Sauce was Judge?
              Harry, I don't know if you are still out there, but this should have happened to you. You abused your authority more than any judge I know...Much to your dismay I still have my drivers licence and a clean driving record. You counted on me to be passive, you counted wrong.
            • Yeah!
              Now maybe I can go and get that extremely unfair judgement she rendered against me overturned. The crooks really got over in this case,and I am going to make it right.

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            1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

            2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

            3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

            4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

            5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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