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Justices decline to suspend Marion Superior judge, appoint masters

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The Indiana Supreme Court on Monday declined to suspend Marion Superior Judge Kimberly Brown over a 45-count disciplinary complaint lodged against her, but appointed three special masters to hear the case on an expedited basis.

The court order appoints retired Monroe Circuit Judge Viola Taliaferro to preside over a panel that will include as special masters Boone Superior Judge Rebecca S. McClure and Lake Superior Judge Sheila M. Moss.

The masters are ordered to submit a schedule within 15 days that will complete a hearing in the matter by Nov. 26 and submit a report of hearing and transcript of hearing by Dec. 30.

“Given the expedited nature of this proceeding, the parties should not request continuances or extensions of time except in emergency situations of an unforeseen and extraordinary nature,” according to the order signed by Chief Justice Brent Dickson in which all justices concurred.

Brown faces an array of accusations, including counts that her actions led to the delayed release of at least nine defendants improperly jailed from periods of 1 to 22 days, and that she created “a hostile environment for attorneys, court staff, clerks, and other court officials.” She also is accused of failing to act timely on motions before her in multiple instances and causing needless delays, among other things.

Brown's response to the suspension request from the Judicial Qualifications Commission struck a contrite, conciliatory and corrective tone and asked the justices to deny the petition for suspension and allow her to continue to preside “until an adjudication of all issues is reached.”

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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