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Marion Superior Judge Brown’s discipline case likely one for the record books

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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.

Brown Brown

Marion Superior Criminal Court 7 Judge Kimberly Brown withstood seven consecutive days of hearings that concluded Nov. 10 before a panel of three special masters appointed by the Indiana Supreme Court: retired Monroe Circuit Judge Viola Taliaferro, Boone Superior Judge Rebecca S. McClure and Lake Superior Judge Sheila M. Moss.

Judicial Qualifications Commission attorney Adrienne Meiring called 39 witnesses against Brown, and the state compiled more than 190 exhibits alleging a catalog of judicial misconduct. Witnesses often fumbled through three oversized ring binders each filled with several hundred pages of documents.

The unusual hearings in the Indiana Supreme Court courtroom featured testimony from a number of Brown’s current and former colleagues and court staff to the special masters. The case opened with video of Brown refusing to take an oath to tell the truth during a deposition.

Brown is accused of delayed releases of at least nine defendants from the Marion County Jail, in one case for 22 days. Brown also is accused of a host of rule violations that involved failing to properly oversee her court, improperly supervising trials, failing to act on Court of Appeals orders, showing hostility toward parties who came before her, and retaliating against court staff who complained, among other things.

Marion Superior Master Commissioner Deborah Shook testified that after the commission began investigating Brown, working in her court became intolerable. “I asked to be removed,” Shook testified. “It was becoming a very stressful environment, and it was affecting my health.” She said she had the impression she was being “set up” by Brown.

Shook said it was difficult as an officer of the court to testify in such a proceeding. “It’s stressful, and I feel sorry that we are all here,” she said haltingly at one point.

Brown’s attorney Aaron Haith argued his client was being singled out for problems that he said were persistent among judges on the Marion Superior criminal bench. “They all had problems … with delayed releases,” he said.

“They’re not judged,” Haith said. “Judge Brown is.”

Haith said the Marion Superior Executive Committee instituted training for judges because of problems of delayed releases, and he cited a lack of communications between the courts and the jail for the problem of defendants being held longer than a judge has ordered. “You will find all the judges are suffering or worried” about the problems, Haith told the panel.

Senior Judge Barbara Collins, who retired from Marion Superior Criminal Court 8 at the end of 2012, buttressed Brown’s argument of systemic dysfunction. 

“There has been this problem forever,” Collins testified about delayed releases from jail, estimating that at least once a week during most of her time on the criminal bench she learned of a defendant behind bars after she ordered a release. Most of the time, it was due to staff failing to enter orders, she said.

As Brown alleged, Collins also said many of the problems she encountered with delayed releases arose from staff refusing to follow proper procedures when making minute entries on antiquated computer systems. The problems seldom arose from errors made by jail staff, Collins said.

Haith sought to shift blame from Brown to a “sour staff” that he said she inherited when she moved between criminal court divisions at the Indianapolis City-County Building. Brown hears a docket of mainly domestic misdemeanor and Class D felony cases.

“It is a high-stress position for a judge,” Haith said. Brown also tried to change the court staff but was unable to do so, he explained. He noted problems of staff integrity, knowledge and training and said the quality of staff performance “can be a help or a hindrance to the court.”

Collins testified that when she took over for a retiring judge years back she encountered resentments among staff, similar to those Brown alleged after she moved to a new criminal division courtroom.“There was a lot of conflict and I had to watch my back,” Collins said of moving into Criminal Court 8 more than a dozen years earlier. She said staff often bickered and left work early leaving stacks of unfinished paperwork.

“People just decided they’re not going to do things,” she said.

Commission attorney Tom Carusillo pressed Collins on why she didn’t terminate employees or report those problems to court administrators, and she noted that at the beginning of her time on the Marion Superior bench there wasn’t anyone to report to. She said she did terminate some staff for unexcused absences or for lying to her, and she discussed the problems of delayed releases informally with other judges and attorneys, though not through a formal complaint with the Marion Superior Executive Committee.

Carusillo angered Collins at one point by asking whether her level of contact with Haith increased after the commission filed its disciplinary petition against Brown. “I’m affronted by that question,” she said.

Haith followed up by asking Collins whether he would be able to influence her testimony. “There is never any time you would have told me what to do,” Collins said.

Meiring focused at the outset on the video of Brown’s deposition. “I am always an officer of the court,” Brown says, refusing to be sworn. “I am a judge.” The first witness called, Brown tearfully testified that she simply made a decision not to be sworn.

“I believe I’m always an officer of the court and therefore always bound to the truth,” she said.

“But you decided to do something different today,” Meiring responded, noting Brown took an oath before testifying in front of the masters.

Presiding over the panel, Taliaferro asked Brown multiple times to explain why she believed she wasn’t required to swear an oath at the deposition.

“I wasn’t basing it on anything other than I’m always an officer of the court,” Brown said.

Meiring used Brown’s moment of defiance from the deposition video to further the narrative of a rogue judge with little respect for the rules or her peers and colleagues. She quoted Brown’s alleged words to practitioners inquiring about overdue rulings – “This isn’t McDonald’s … It’ll get ruled on when it gets ruled on.”

“This is not simply a situation of a bad day,” she said, “This is systemic neglect and failing to do her judicial duty.” Meiring called Brown’s demeanor “rampant disrespect and abuse of various court officials and actors who came before her.”

Meiring argued that Brown had shown a lack of cooperation with the commission, noting that she had responded to yes-or-no questions by saying “the record speaks for itself” 106 times in depositions.

The Indiana Supreme Court in September chose not to suspend Brown after the commission sought the immediate sanction. Justices instead scheduled the hearings on an expedited basis and appointed the special masters. The masters’ report and transcripts of the hearing are due by Dec. 30, after which the court will rule. Action taken by the Supreme Court can range from no discipline to removal from the bench.•
 

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  • Corrupt Crap!
    The whole Marion County judicial system is rife with corruption beginning with the way judges are selected through the slating process - a candidate buys his/her way in and is then guarantied a judgeship. The staffs are mostly political partisan hacks rather than professionals. Judge Brown's problems are a small symptom of the underlying problems. Look into it and shine a light on it. It's a disgrace.
  • The race card
    It appears that Judge Brown's attorney is playing the race card. Race may indeed be at issue in this case. Would the system have allowed Judge Brown to stay on the bench so long if she was white? Would the system have taken so long to move against Judge Brown if it was white middle class college kids she was forgetting to release from jail? Would those in the system have been more reticent or less reticent to file complaints against Kim Brown were she not a poster child for diversity politics? Hard questions that need to be asked if the race card is to be played.
  • More information please
    I would like to know how long Judge Kim Brown was on the court and how long this "systemic breakdown" in basic due process and justice has been evident. This seems an indictment of the entire system that such a judge can occupy the bench for more than a month or two. So .... how far back do the allegations go? Is this another Conour situation, only "merely" involving freedom and due process rather than funds allegedly under management?

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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