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.


Post a comment to this story

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
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.