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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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