ILNews

Justices disagree on judge's penalty

Back to TopCommentsE-mailPrintBookmark and Share

A suspended Marion Superior judge will be able to return to the bench after another 60 days off the bench, this time without pay.

The Indiana Supreme Court issued that decision late Wednesday afternoon, but in doing so expressed wide disagreement about the severity of the sanction. Two justices wanted a one-year suspension for Judge Grant W. Hawkins, while two others would have preferred a 30-day sentence.

Balancing the weight of the case against Judge Hawkins, his colleague's disagreement, and a three-judge panel's recommendation for removal, Justice Brent Dickson was the sole member of the court to say the ultimate 60-day suspension was the most appropriate penalty.

The order ends the disciplinary action In the matter of the Hon. Grant. W. Hawkins, No. 49S00-0804-JD-157, which has been ongoing since April 2008. The case came to light in early 2007 after it was learned a wrongfully convicted man sat in prison for nearly two years after DNA testing cleared him of a rape.

After an investigation, the Indiana Commission on Judicial Qualifications filed charges last year that Judge Hawkins' lack of court supervision resulted in case delays leading to the man's longer incarceration. The judge's former Commissioner Nancy Broyles was also charged at that time, but she resigned last year and has been permanently banned from the bench as a result of this case.

A three-judge panel and the Indiana Commission on Judicial Qualifications recommended his removal last year after an October hearing, while Judge Hawkins pushed for a suspension with pay. Justices temporarily suspended him Nov. 25 but allowed him to continue earning his state-set $125,647 annual salary while they reached a final decision.

Effective today, the criminal judge who's been presiding over Criminal Division 5 starts this 60-day suspension.

"A suspension from office without pay, regardless of duration, is not a minor sanction," the per curiam opinion said. "Even more than a public reprimand, any such suspension is a significant blemish on a sitting judge's reputation."

Despite that resolution, though, only three judges were in the majority agreeing that this would be an adequate resolution.

Chief Justice Randall T. Shepard and Justice Frank Sullivan wanted a yearlong suspension without pay based on the serious nature of the case and a panel's recommendation for removal.

The chief justice wrote in his own dissent, "A suspension of (60) days is not an adequate sanction for a judge whose disorganization and indifference caused a man wrongly to sit in prison for two years.

"This is not a story of about an isolated error of omission, of which any of us can be guilty of from time to time," he wrote. "Rather, the evidence reflects a series of failures under circumstances that afforded many reminders and alerts. These did not avail because Judge Hawkins' office was a place where family phone calls went unheeded and letters went to the wastebasket."

He aligned with Justice Sullivan, who noted that while the wheels of justice sometimes turn slowly for good reason, this wasn't the case because the delay was entirely because Judge Hawkins didn't give the case adequate attention.

On the other hand, Justice Theodore Boehm wrote a dissenting opinion that Justice Robert D. Rucker concurred with - that they preferred a lesser penalty because the trial judge didn't intentionally do anything wrong and because he'd already been suspended for more than three months

"I believe that this record establishes that Judge Hawkins is guilty of nothing more than excessive reliance on others and failure to have good procedures to control the flow of cases," Justice Boehm wrote, describing a suspension without pay for more than a few weeks often is tantamount to a forced resignation. "In my view, a (30) day suspension is a very substantial sanction and the most that these facts warrant. I nonetheless agree that a suspension of (60) days is the proper disposition of this case, given that a majority favors a suspension for that period or longer."

Indianapolis attorney Kevin McGoff, who represented Judge Hawkins, said the judge is relieved to have this behind him and returning to the bench after this 60 days.

"This represents how the system works and that our justices operate independently and have their own opinions but can respectfully disagree and come to a resolution," he said. "I think that our courts have a healthy debate, and this is evidence of that."

More coverage of this case will be in the March 18-31, 2009, issue of Indiana Lawyer.

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. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

ADVERTISEMENT