ILNews

Marion Superior judge faces 45 judicial misconduct counts

Back to TopCommentsE-mailPrintBookmark and Share

Marion Superior criminal court Judge Kimberly Brown faces possible suspension and discipline from the Judicial Qualifications Commission on 45 counts of misconduct.

According to a verified petition for suspension, Brown faces an array of accusations, including counts that her actions 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.”

In one count, Brown is accused of failing to make a minute entry after releasing a man charged with a Class C misdemeanor on his own recognizance. The man spent 22 days in the Marion County Jail. Another defendant spent 16 days in jail on a Class C misdemeanor because the judge failed to meet her administrative duties, the charges allege. Others spent one to nine days in jail when they shouldn’t have, according to the JQC.

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.

Several of the counts against Brown allege she treated defense and prosecuting attorneys and clerks and court officers in a rude and discourteous manner. She “routinely displayed inappropriate demeanor toward Court 16 court staff and maintained a hostile environment by making derogatory and inappropriate comments about other court staff, court officials, and attorneys in front of staff members and by engaging in other hostile behaviors.”

Brown is accused of failing to timely act on motions before her in multiple instances, and when lawyers called her office daily and court staff approached her about it, she “sometimes responded to the effect of, ‘This isn’t a McDonald’s, you can’t get what you want when you want it’ or ‘I refuse to be held captive,’” according to the complaint.

The complaint says Brown held public defenders to a different standard than private attorneys. Court staff allege that she frequently told them she “hated” certain defenders and referred to them as “stupid.”

In one instance, Brown is accused of snapping at a public defender who corrected the judge that the client’s next court date was a jury trial rather than a bench trial. Brown is alleged to have said, “You’re very close to contempt. … I suggest that you stop. You are disrupting this court’s procedures.”

Brown also is accused of treating court staff badly, making unflattering comments about their weight, and in one case banning a deputy clerk from her courtroom. Her court had the highest turnover rate of any Marion Superior court, with 14 different employees from 2009-2012. She later hired bailiffs and a court reporter with no court experience, the complaint alleges.

The judge also is accused of firing her former chief bailiff, Tamara Harrell, in Aug. 2012 because she “believed that Harrell had provided information to, or was going to file a complaint with, the Judicial Qualifications Commission.”

Much of the complaint centers around failings to properly stay on top of paperwork, some of which could be attributed to conflicts with clerks. “The inability to locate files in Court 16 became so pronounced that the clerk’s office for a time maintained a log of all files the deputy clerk transferred to the judge,” according to the notice of proceedings, which may be viewed in separate files here.

According to the Indiana Supreme Court online docket, no date had been set as of Monday afternoon for proceedings before the Judicial Qualifications Commission.

Brown is represented by Indianapolis attorney Aaron Haith of Choate & Haith. A firm representative said Monday there would be no immediate comment.

ADVERTISEMENT

  • Yet if an attorney had criticized this judge ...
    that attorney could have been disbarred. Olympus, thou art only human.

Post a comment to this story

COMMENTS POLICY
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

ADVERTISEMENT