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Marion Superior judge faces week-long disciplinary case

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A week-long hearing has been set in the disciplinary case against a Marion Superior judge who now faces 47 counts alleging she violated Rules of Judicial Conduct.

Judge Kimberly Brown’s hearings before special masters appointed by the Indiana Supreme Court will begin at 9 a.m. daily from Nov. 4 through Nov. 8. A panel of three special masters presided over by retired Monroe County Judge Viola Taliaferro will hear the case. Parties will confer by phone in a pre-trial conference Wednesday.

The Indiana Supreme Court appointed the special masters in response to a petition asking that Brown be suspended from the bench pending the outcome of the disciplinary case. Justices last month declined to suspend Brown.

Charges lodged by the Judicial Qualifications Commission assert that Brown’s actions of failure to act led to the delayed release of at least nine defendants, and that she created “a hostile environment for attorneys, court staff, clerks, and other court officials.” At least nine defendants spent one to 22 days in the Marion County Jail when they shouldn’t have, the counts say.

The statement of charges against Brown also asserts that between 2009 and January 2013, when Brown was elected to serve as judge either in Criminal Division 16 or 7, she failed to properly complete necessary paperwork and failed to properly train and supervise staff and court officers. She also is accused of improperly converting jury trials to bench trials and causing multiple needless delays.

The commission last week petitioned to add two more counts to the original 45. The new counts allege that Brown failed to issue an order in a case after her judgment of restitution was reversed by the Court of Appeals. She also is accused of failing to rule on a post-conviction relief petition filed by the same defendant.  

The case is In the Matter of the Honorable Kimberly J. Brown Judge of the Marion Superior Court, 49S00-1308-JD-560.

 
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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