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Judge: 'I didn't lie ...': Marion Superior jurist faces disciplinary panel

Michael W. Hoskins
January 1, 2008
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Marion Superior Judge Grant W. Hawkins is used to spending his days in court. But on Oct. 6 and 7, he wasn't on the bench; the jurist was the one being judged.

Already, his former part-time commissioner has resigned and been permanently banned from any judicial role because of this issue, and Judge Hawkins is battling 11 misconduct charges against him that could mean his judicial career is on the line.

But before he finds out his fate, the judge is waiting for three out-of-county colleagues to decide whether he violated judicial canons by not adequately supervising his court and misleading an investigation into his court's conduct.

On the bench since January 2001, this is the first time Judge Hawkins has faced a judicial disciplinary hearing. While his demeanor during testimony and in conversations outside the Indiana Supreme Court courtroom clearly illustrated he's nervous about what could happen, he is unwavering in his assertion that he never tried to cover up anything.

"I don't deny I didn't have a good operation," Judge Hawkins said. "But I didn't lie, I didn't mislead anyone. I stand up to my mistakes."

The Indiana Judicial Qualifications Commission in April filed about a dozen charges each against Judge Hawkins and his former part-time commissioner Nancy L. Broyles alleging delay and dereliction of duties relating to the handling of various cases. Mostly, the counts dealt with the handling of a post-conviction case that resulted in Indianapolis man Harold Buntin being held in prison for 22 months after DNA evidence cleared him of a 1984 rape, for which he'd spent a total of 13 years in prison.

Buntin petitioned for relief in 1998 based on DNA evidence that wasn't available during his trial that he hoped would clear him; it eventually did in 2005. Serving in a part-time capacity since 2001, Broyles was assigned his post-conviction hearing in March 2005 and took it under advisement in April.

The case came to light after Buntin received no word from his Indianapolis attorney, Carolyn Rader, or the court, despite his repeated attempts to get an answer. He contacted the commission to investigate the reason for the delay in early 2007.

After the commission got involved, Judge Hawkins investigated and discovered an array of problems: a missing file that was later located, an order that appeared to have been signed 13 months after Broyles took the case under advisement but was not properly processed, and confusion about what caused the delays in the first place. Eventually, Judge Hawkins issued a notice of delay March 8, 2007, but it took an additional six weeks and another inquiry from the Judicial Qualifications Commission before a hearing was scheduled and Buntin was released April 20, 2007.

Now, it's up to three judicial masters - Delaware Circuit Judge Marianne Vorhees, Lake Superior Judge Clarence Murray, and Elkhart Circuit Judge Terry Shewmaker - to sift through the evidence and case history. They presided over the hearing and are expected to issue a report to the high court by Nov. 14.

At the hearing, Disciplinary Commission attorney Adrienne Meiring described a disorganized and delay-ridden court where Judge Hawkins failed to provide adequate supervision. Defense attorney Kevin McGoff contended that the sitting judge wasn't personally responsible for actions he wasn't aware of and at no time misled the investigating commission or parties involved in the case.

McGoff countered most of the witnesses by pointing out that much remains uncertain about the circumstances causing the delay and how differing recollections weren't proof that anyone intentionally misled the investigation.

Rader, Buntin's attorney, testified on the first day that she communicated with Broyles by e-mail, phone, and inquiry, but Rader chose not to bring it to the judge's attention.

"I didn't consider going to (Judge) Hawkins as advisable. I didn't want to cause friction between them, didn't want to get her in trouble, didn't want to raise Cain, didn't want to jeopardize Buntin's position," Rader said.

She testified that she has agreed to a public reprimand in her own disciplinary action, which was for failing to communicate with Buntin during the court delays. She's also reached an undisclosed settlement in a civil suit that Buntin filed against her, she testified.

Buntin's suit against the Marion County clerk and Judge Hawkins' court remains pending.

While it remains unclear exactly how the delays happened, both the judicial officers have taken responsibility for the Buntin case delays and how the court handled the issue.

Just days before the judicial misconduct hearing was to begin, the commission reached an agreement with Broyles in the action against her and the Indiana Supreme Court accepted that discipline Oct. 10. She voluntarily resigned in April, has been permanently banned from the bench, including pro tempore service, and is being publicly reprimanded.

In issuing its order, the court noted that she's shown consistent remorse for the events and takes responsibility for her actions and inactions. The court wrote, "a public reprimand adequately sanctions her for the admissions made as part of this agreement .... (it) remains on her record and is of great personal consequence for her as it would any attorney or judicial officer that considers their reputations to be their largest asset. "All justices agreed except Chief Justice Randall T. Shepard, who found the sanction to be inadequate.

During testimony at Judge Hawkins' hearing, Broyles said she regrets the delays and what happened, saying she agonized and stressed about this case and how to best respond to it - even during the delay that came after she took the case under advisement in April 2005.

"I was the cause .... I did not handle this well," the former commissioner testified, noting that she should have pressed for updates from all parties and moved the case more quickly. "Of my many regrets on this whole matter ... that was my biggest one. I take full responsibility for that."

Broyles said she had no reason to think the judge had misled anyone on the matter and said she's never heard him accused of dishonesty, and some of the judge's colleagues and attorneys practicing before him defended his integrity.

However, Broyles testified that just prior to leaving the bench this spring, a check with court administration showed that Criminal Court 5 continued to have too many PCR cases open, an issue that testimony indicated may have been caused by staff not correctly closing files.

Judge Hawkins said he greatly regrets what happened and has vowed to make sure the process is more closely monitored and scrutinized in his courtroom. Drastic changes have already been implemented, he said.

"You have a system in place you think is working well, and you don't know it isn't working well until someone brings it to your attention," he told the masters' panel. "Mistakes happen to the best of us. I've always wanted to be the best of us, and until Buntin came along, I didn't fully realize the limitations we have." •
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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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