Marion County

Supreme Court extends audio-video transcript pilot project

January 27, 2014
Dave Stafford
A pilot project in three Indiana courts that replaces written transcripts with audio/video camera recordings has been extended and expanded because two of the three courts haven’t generated the anticipated number of appeals necessary to evaluate the system.
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Indiana Supreme Court appoints attorney to fill Judge Brown’s post

January 24, 2014
IL Staff
Indianapolis criminal defense attorney David Cook has been appointed as judge pro tempore to fill the duties of suspended Marion Superior Judge Kimberly Brown.
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IndyBar releases judicial candidate survey results

January 22, 2014
Jennifer Nelson
A Marion County Superior judge currently suspended pending final disciplinary action was overwhelmingly not recommended by her peers to be re-elected, according to a survey released by the Indianapolis Bar Association’s Judicial Excellence Committee.
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Some attorneys aren't sold on the proposed Marion County Criminal Justice Complex

January 15, 2014
Dave Stafford
Redundancies and inefficiencies, plus concerns for security at the jail and at the Indianapolis City-County Building – where defendants with court dates come into regular contact with the public – prompted city and county officials last month to announce a Criminal Justice Complex proposal that would bring courts, jails and other related functions under one very large roof.
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Suspension may herald end of Kimberly Brown’s judicial career

January 15, 2014
Dave Stafford
Before suspended Marion Superior Judge Kimberly Brown was facing possible removal from the bench for dozens of disciplinary counts, she had difficulties in her prior court, according to recent filings arguing for the ultimate sanction against a judge.
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Supreme Court suspends Judge Kimberly Brown pending final discipline

January 9, 2014
Dave Stafford
The Indiana Supreme Court has suspended Judge Kimberly Brown as justices consider a recommendation that she be removed from the bench for multiple violations of the Code of Judicial Conduct.
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Commission: Suspend Judge Kimberly Brown

January 7, 2014
Dave Stafford
Marion Superior Judge Kimberly Brown circumvented the three-judge panel that heard her disciplinary case with a direct appeal to the Indiana Supreme Court, the presiding judge said in striking her last-minute apology and an affidavit in her support from former Justice Frank Sullivan.
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Criminal law committee passes pilot programs, studies

January 1, 2014
Marilyn Odendahl
Four proposals approved during the final meeting of the Criminal Law and Sentencing Policy Study Committee appear headed for consideration during the 2014 session of the Indiana General Assembly.
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Remove Judge Kimberly Brown, special masters recommend

December 30, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown should be removed from the bench, a panel of three special masters has recommended to the Indiana Supreme Court.
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JQC: Strike Judge Brown’s apology, support from Sullivan in discipline case

December 20, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown’s last-minute apology and vouching from former Indiana Justice Frank Sullivan Jr. should not be considered in her disciplinary case, the Judicial Qualifications Commission argued in a brief filed Thursday.
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Judge sets January hearing in Marion County judicial slating suit

December 16, 2013
Dave Stafford
A federal judge has summoned attorneys for Gov. Mike Pence, Indiana Secretary of State Connie Lawson and members of the Indiana Election Commission to a pretrial conference in a lawsuit challenging the way Marion Superior judges are elected.
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Embattled judge sorry, proposes 60-day suspension

December 11, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown is apologizing for alleged judicial misconduct that resulted in 47 disciplinary counts against her, proposing to the Indiana Supreme Court that she be suspended for two months. She also says her prior defense, including refusing to take a deposition oath, was “ill-advised.”
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Marion County announces plan to build new criminal justice complex

December 11, 2013
Jennifer Nelson
Under a plan announced by city and court officials Wednesday, Marion County’s courts, jails and other offices would be located in one complex instead of spread out around downtown Indianapolis and the county.
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Commission recommends removing embattled judge

December 2, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown should be removed from office, the Indiana Judicial Qualifications Commission recommends in findings of fact compiled after the weeklong hearing of a 47-count complaint that concluded Nov. 10.
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Ex-IMPD officer Bisard to serve 13 years

November 27, 2013
Dave Stafford
Former Indianapolis Metropolitan Police Department officer David Bisard will serve 13 years in prison for his convictions in a fatal drunken-driving crash.
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Marion Superior Judge Brown’s discipline case likely one for the record books

November 20, 2013
Dave Stafford
The 47-count case against a Marion Superior judge appears to be the most voluminous judicial discipline proceeding in the state’s history, according to people familiar with the case and matters of judicial discipline.
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Increased bail is abuse of discretion, panel rules

November 13, 2013
Dave Stafford
A trial court abused its discretion when it raised a defendant’s bail in a meth possession case, the Indiana Court of Appeals ruled Wednesday.
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Judge rejects interlocutory appeal in Marion Superior judiciary challenge

November 12, 2013
Dave Stafford
A federal judge has denied the state of Indiana’s motion for an interlocutory appeal, signaling that a trial probably won’t be needed in a lawsuit challenging the constitutionality of how Marion Superior judges are elected.
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Delayed jail releases common, says witness in judge’s discipline case

November 8, 2013
Dave Stafford
A senior judge who presided in a Marion Superior criminal court for more than a dozen years testified Friday that delayed releases of defendants from jail are a problem with the county’s entire judicial system and not limited to the court of a judge facing discipline for that and other charges.
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Judge denies Brizzi’s bid for gag order in malpractice suit

November 6, 2013
Dave Stafford
A judge Tuesday denied former Marion County Prosecutor Carl Brizzi’s request for a gag order in the legal malpractice claim filed against him by defrocked Indiana Secretary of State Charlie White.
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Jury finds IMPD officer guilty on all 9 counts

November 5, 2013
Jennifer Nelson
An Allen County jury returned a guilty verdict Tuesday afternoon in the trial of Indianapolis Metropolitan Police Officer David Bisard. Bisard faced nine charges stemming from a deadly accident in August 2010 when his police cruiser struck motorcyclists stopped at an Indianapolis intersection.
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Judge facing discipline refused to take deposition oath

November 4, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown refused to be sworn during a deposition before the Judicial Qualifications Commission – a videotaped moment of defiance used against her Monday at the outset of her weeklong disciplinary case.
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Marion Superior judicial commissioners to get raises

November 1, 2013
Dave Stafford
Commissioners in Marion Superior courts will take a step toward pay equity with magistrates under a proposal approved Friday by the courts’ executive committee.
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7th Circuit splits over Marion County Small Claims debt collection suit

October 31, 2013
Jennifer Nelson
Are Marion County Township courts “judicial districts” under the Fair Debt Collection Practices Act, thus allowing a man to sue a debt collector for bringing an action in an inconvenient township court? Depends on who you ask on the 7th Circuit Court of Appeals, as the majority ruled in favor of the debt collector Thursday.
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Woman’s convictions did not subject her to double jeopardy

October 31, 2013
Jennifer Nelson
A woman who attempted to shoplift from an Indianapolis K-Mart was not subject to double jeopardy when she was convicted of resisting law enforcement and disorderly conduct. She argued the court could have based the convictions on identical facts.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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